2000 (1) TMI 55

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....se these petitions are being decided on strictly question of law. 2.In contest Sarvashri G.M. Chaphekar, sr. counsel instructed by SS Samvatsar, Masani, SM Kolhi with Sanjay Kolhi, AM Mathor, sr. counsel instructed by B. Pandya, AP Patankar, Ashutosh Upadhyay, have been heard for petitioners. Shri BG Neema, standing counsel for Union of India and other respondents have been heard in context wit....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rway." 5.Same sort of view is taken by Delhi High Court in the matter of Chakara Chemicals & Soaps Inds. v. UOI reported in 1999 (84) ECR 300 (Delhi). The Commissioner of Central Excise (Appeals), Bhopal has rejected the applications preferred by all the petitioners for stay/waiver in view of provisions of S.35F of the Act. The Commissioner placed reliance on the judgment of Supreme Court in th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....has been by process of application of judicial mind. In the present matter unfortunately it does not appear to be so. Therefore, the orders which are being assailed by these petitions can not be upheld as judicial verdicts resulting in rejecting the prayer made by the petitioners for stay/waiver in view of provisions of S. 35F of the Act. 7.In the interest of justice and for maintaining a clean....