2014 (9) TMI 473

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....anding Counsel, for the Respondent. ORDER This writ petition is filed seeking a Certiorari to call for the record relating to the order passed by the Respondent No. 1 in Stay Application No. 226/2012 in Central Excise Appeal No. 387 of 2012, dated 8-5-2013 and to quash the same. 2. We have heard Sri Vedula Venkata Ramana, learned senior counsel appearing for the petitioner and Sri V. Gopal....

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....mposed is concerned. 5. Along with both the above said appeals, miscellaneous applications were filed for waiver of the pre-deposit and stay of collection of the amounts under the order under appeal. 6. While so, the impugned order dated 8-5-2013 came to be passed in Stay Application No. 226/2012 in Central Excise Appeal No. 387/2012 wherein the petitioner company is shown as the appel....

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....that despite notice no one was present nor there was any request for adjournment, the petitioner disputed the same. To substantiate the plea that there was no notice, the petitioner placed before this Court the communication received from the 1st respondent's office in response to the application made under the Right to Information Act which shows that copy of proof of dispatch of notice in Stay A....

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....hat the deposit of the amounts as directed in the impugned order would cause undue hardship, we are of the opinion that the matter requires reconsideration after giving an opportunity of being heard to the petitioner. Moreover, as two appeals are preferred against the order dated 31-10-2011 passed by the 2nd respondent, one by the petitioner company and the other by the Managing Director in his in....