2008 (7) TMI 74

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....ners. S/Shri R.V. Desai with A.S. Rao for Respondent. [Order]. - P.C. : Rule. Hearing Expedited. Issue notice to the Attorney General. 2. So far as question of grant of interim relief is concerned, perusal of prayer clauses of the petition shows that the Petitioner is praying for interim relief in following terms : "(e) that pending the hearing and final disposal of the Writ Petition, ....

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....ifications is granted, Section 3(a) of the Central Excise Act which is inserted in the statute by the Finance Act, 2008 itself becomes incapable of being implemented. Thus, the net result of grant of interim relief, in terms of which it is sought, is that the statutory enactment itself will become inoperative. 4. The Supreme Court in its judgment in the case of Siliguri Municipality and ors.....

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....n cannot be stayed. In so far as the present case is concerned, in the petition, we do not find any averment made to show as to what irreparable injury will be caused to the Petitioner, if interim order is not granted. We also do not find any averment made in the petition on the aspect of balance of convenience. Section 3(a) of the Central Excise Act has been enacted by the Parliament to confer po....