2018 (6) TMI 1423

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.... Order-in-Original dated 27.2.2009 passed by the first respondent. 3. Firstly, a writ petition challenging the Order-in-Original cannot be maintained, as an appeal remedy was available to the petitioner. 4. The learned Senior Counsel appearing on behalf of the petitioner would submit that the petitioner had availed an appeal remedy and sought for interim order before the Customs, Excise and Service Tax Appellate Tribunal. The Tribunal passed an interim order dated 01.2.2010 directing the petitioner to pay a sum of Rs. 1 Crore. The petitioner filed an application on 23.3.2010 before the Tribunal for modification of the order dated 01.2.2010. However, the Tribunal rejected the application for modification by order dated 07.6.2010. 5.....

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....he application for modification. The Hon'ble Division Bench of this Court, by judgment dated 13.2.2015, dismissed CMA. No.61 of 2015. In doing so, the Hon'ble Division Bench of this Court not only rejected the appeal on the ground that there are no substantial questions of law involved, but approved the findings rendered by the Tribunal with regard to the merits of the case as well as the conditional order to pay Rs. 1 Crore. 8. As against the judgment of the Hon'ble Division Bench in CMA.No.61 of 2015 dated 13.2.2015, the petitioner filed an appeal before the Hon'ble Supreme Court by filing S.L.P.(C).No.27970 of 2015, which was dismissed by order dated 12.10.2015. Even thereafter, the petitioner filed a review petition b....