2009 (3) TMI 71

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.... Respondent. ORDER JUSTICE D. A. MEHTA - This petition has been preferred with following prayers:- "(A) That Your Lordship may be pleased to admit this petition. (B) That Your Lordship may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, direction or order preventing the respondent no. 2 from taking the said illegal, incorrect an....

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....n from taking any action against the petitioners. (E) That any other further relief that may be deemed fit in the facts and circumstances of the case may be also please be granted." Order in original dated 29.8.2008 was made against the petitioners raising demand of Rs.43,81,131/- towards duty of Central Excise under the Central Excise Act, 1944 (the Act). The order also records that a sum o....

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....ng stay against the recovery. That till the point of time such an appeal and stay application are filed before the Tribunal, respondent authority must be directed to stay its hands from recovering the outstanding dues. It is submitted that respondent authority has orally threatened to attach the factory, plant and machinery and other assets of the petitioners which will result in closing down the ....