1998 (3) TMI 156

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....t Heavy Electricals Ltd., Ranipur, Hardwar, a public sector undertaking. The order sought to be impugned is dated 27-2-1998, Annexure A3 to the Writ Petition. This is an order of the Assistant Commissioner, Central Excise, Dehradun. A list of Bought Out Item has been finalised and the order has been issued as such, as a matter of abundant caution. In this order, it is clarified that for finalisati....

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.... Court has expressed an opinion that the Public Sector Undertakings of State Governments and the Union of India should not be encouraged to be in litigation in Court by spending money on fees of counsel, court fees, procedural expenses and wasting public time as Courts are maintained for other litigations for those who need it. The Supreme Court observed that the Court's time is not to be consumed....

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....ccordingly, there should be no bar to the lodgement of an Appeal or petition either by the Union of India or the Public Sector Undertakings before any court or Tribunal so as to save limitation. But, before such filing every endeavour should be made to have the clearance of the High Power Committee." 5.However, as to what the Court or Tribunal should do is such judicial remedies are sought befo....

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....before the Court. This relates to other procedures in the matter of assessments, appeals and the tiered structure provided in the Central Excises and Salt Tax Act, 1944. What the Supreme Court observed was that it is improper that the Government should be in litigation with its Public Sector Undertakings or within itself its departments at issues with each other. The spirit of the order of the Sup....