1992 (7) TMI 80

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....g the petitioner and Shri Shishir Kumar, learned counsel appearing for the respondents. 2. The petitioner is aggrieved by the two notices dated 16-11-1990, issued to it under Rule 9(2) of the Central Excise Rules, 1944 (hereinafter called the Rules), read with proviso to Section 11 A of the Central Excises and Salt Act, 1944 (hereinafter called the Act), copies whereof are annexures 21 and 22 t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.....P., Lucknow v. M/S. Jagroop Ram Bhagwati Prasad, Sutterhatti, Jaunpur; (C) 1987 (30) Excise Law Times, 624, Mohan & Co., Madras v. Collector of Central Excise, Madras; (D) Order and judgment dated 3rd March, 1983 given by the Collector (Appeals), Central Excise, Varanasi under Section 35 of the Act in the appeal between the petitioner and the Central Excise Department. A copy of the said or....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ollowing Supreme Court decisions : (i) A.I.R. 1984 Supreme Court 420 = 1984 (17) E.L.T. 329 (S.C.), Union of India and Others v. Bombay Tyre International Ltd. and etc. etc. (ii) A.I.R. 1987 Supreme Court 701 = 1987 (27) E.L.T. 553 (S.C.), Assistant Collector of Central Excise and Others v. Madras Rubber Factory, Madras; (iii) A.I.R. 1987 Supreme Court 1410 = 1986 (26) E.L.T. 289 (S.C.), ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... will not be appropriate for this Court to stall the proceedings which are maintainable under the Act. Needless to say, if the petitioner feels aggrieved by the order passed by the respondent No. 3 it will be open to it to challenge the same at the relevant forums and eventually before this Court by means of a writ petition under Article 226 of the Constitution. 8. However, while declining to i....