Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2010 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (9) TMI 760 - CALCUTTA HIGH COURTAppeal - where no evasion of duty or non chargeability of duty is involved in this case, the security as provided in the first order would be usual personal bond to be furnished by the appellant, if any fresh recovery is sought to be made. In the event any recovery is sought to be made from the third party it is for the third party to take steps and it is not for the appellant to take care of their interest and affectation. It is open for them to approach the appropriate forum. However, if any action is taken against the third party then the third party will not be entitled to take action against the appellant. This interim order will continue till the disposal of the writ petition and it has to be understood the request of the Appeal Court to the Learned Trial Judge is a mandate and that mandate as far as practicable has to be respected - accordingly, once again request the Learned Trial Judge without wasting any further time, to decide the writ petition itself within fortnight from date of production of this order without fail
|