2004 (10) TMI 95

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....nsel Mr. Dave for petitioners and Mr. Malkan, learned Standing Counsel appearing on advance copy of this petition being served upon the respondents. 2.The Commissioner of Central Excise and Customs, Vadodara-II passed the order-in-original dated 28-11-2003 after hearing the petitioners on show cause notice served upon them whereby he confirmed duty amount of Rs. 90,50,293/- against the petition....

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....and the same were handed over to the petitioners under supratnama (Annexure-E). 3.This petition was filed yesterday i.e. on 11-10-2004 and was moved for urgent orders today before this court praying that attachment of inputs, materials and goods vide panchnama dated 22-9-2004 (Annexure-D) made by the third respondent thereby allowing the petitioners to use the materials in accordance with law. ....

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....ant Commissioner of Central Excise, Bharuch Division, it appears that after service of order-in-original dated 28-11-2003, passed by the Commissioner, Central Excise, Vadodara-II on the petitioners on 21-7-2004, they did not pay up the Government dues nor produced any stay order though they were reminded by the Jurisdictional Supdt. of Jambusar vide letter dated 16-4-2004. Therefore, on 22-9-2004 ....

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....s are going to take place very soon before the CESTAT, then there is no reason for this court to interfere, at this stage. 7.Before parting, we must state that the sum and substance of the submission made by Mr. Dave that CESTAT is over burdened and it is not in a position to decide all the stay applications within a period of six months of filing and, therefore, some innocent persons are made ....