2005 (9) TMI 116

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....ed, restraining/prohibiting the Respondent No. from acting in contravention of the Circulars of the Central Board of Excise and Customs and the norms which are fixed by the Development Commissioner, Ministry of Commerce, Government of India. (ii)        That a suitable writ, order or direction be issued in the nature of certiorari, quashing the impugned Notice No. IV (9) CP/110/03/Pt-III, dated 16-8-04 issued by the Respondent No. 2, Commissioner of Central Excise, NOIDA, enclosed herewith as Annexure 46 to this Writ Petition. (iii)       That in the alternative, and without prejudice to the above, a suitable writ, order or direction be issued in nature of certiorari to Re....

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....e Commissioner of Central Excise, NOIDA to the petitioners, the petition is highly belated and deserves to be dismissed on the ground of laches alone. He further submitted that the petitioners participated in the proceedings pursuant to the issuance of the aforesaid notice inasmuch as they filed an interim reply and had also sought documents which have also been supplied to them. He also referred to the order dated 23-8-2005, issued by the Commissioner of Central Excise by which the petitioner has been asked to file a final reply by 7-9-2005 and the date for personal hearing has also been fixed for 12-9-2005. A perusal of the aforesaid letter also indicates that the seized goods had been released on 17-5-2005 and copies of the unrelied docu....

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....ritical stage and it would be more appropriate that wastage norms, if any, are fixed after completion of the enquiry. The third letter dated 11-6-2004 is also addressed by the Additional Commissioner Sri P.K. Singh to the Joint Development Commissioner, NEPZ wherein a request has been made that the fixation of wastage norms on ad hoc basis may be deferred till the issuance of the show cause notice by Customs and Excise Department. In paragraph 136 of the petition, it has been stated that the petitioners had obtained knowledge of the aforesaid letters recently and hence on realising the role played by Sri Satish K. Goyal, Sri P.K. Singh and Smt. Mallika Arya they have come to the understanding that they cannot expect justice from Sri Satish ....