2002 (7) TMI 104

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....is appeal is from the final order passed by the High Court of Judicature at Bombay in Writ Petition No. 2368 of 2001 on November 6, 2001. By the said order a Division Bench of the High Court directed the appellant to deposit 25% of the amount of duty [which is the subject-matter of appeals in respect of twenty two show cause notices pending before the Commissioner of Central Excise (Appeals), Bomb....

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....f the twenty one cases were pending before him after remand. While so, on March 23, 2001 and March 27, 2001, the case relating to show cause notice dated May 2,1994 was taken up for consideration by the third respondent who, however, adjudicated the said twenty show cause notices also and confirmed the demand raised in all the twenty two cases by order dated March 30, 2001. Dissatisfied with the s....

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.... It is only in the rarest of the rare case, when due to improper exercise of discretion, the interests of justice get defeated that this Court would grant appropriate relief. From the facts stated above, it is evident that though the case under consideration of the third respondent was in respect of show cause notice dated May 2, 1994, in the final order he, however, proceeded to confirm the deman....