2005 (5) TMI 662

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....MAR DAVE FOR MR SIRAJ R GORI FOR THE APPLICANT MR JITENDRA MALKAN FOR THE  RESPONDENT   ORAL ORDER (Per : HON'BLE MR.JUSTICE D.A.MEHTA) 1. This Civil Application has been moved by the original petitioner of Special Civil Application No.816 of 2005 praying for following reliefs : "(A) That Your Lordships may be pleased to allow this application; (B) That ....

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.... concern; IN THE ALTERNATIVE (E) This Hon'ble Court may be pleased to fix an early date of hearing of the aforesaid Special Civil Application which is admitted and pending for final hearing; (F) Any other further relief as may be deemed fit in the facts and circumstances of the case may also please be granted." 2. Mr.Amar Dave, the learned counsel appearing on beh....

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....rim relief is not granted, it would result in grave prejudice to the applicant in the event the applicant petitioner ultimately succeeds in the petition. In this connection, he invited attention to Rules 18 and 19 of the Central Excise Rules, 1944 with special reference to the difference in language employed in sub-rules (1) and (2) of Rule 19 of the Rules to submit that the impugned notification ....

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....earing the parties, it is apparent that the prayers made in prayer clause 8(B), 8(C) and 8(D), are virtually identical to the prayers made in the main petition and if the same are granted at this stage, it would tantamount to allowing the petition. In the circumstances, it is not possible to grant the said prayers. It is necessary to record that a suggestion was put to the parties that the rebate ....