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2017 (7) TMI 290 - BOMBAY HIGH COURTRecovery of the amount of excise duty - Held that: - the demand of excise duty itself could have been challenged before the Tribunal, but that demand was not challenged and attachment order was challenged in this Court. When the demand order is still there, it cannot be called as an illegal at present and further when the petitioner had undertaken to make payment of the said amount in the present petition, which was to the effect that he will deposit the amount by the end of December, 2005 and January, 2006, this Court is not expected to stay only the attachment order. The petitioner has virtually misused the process of law and the recovery was virtually stalled due the interim order passed by this Court - petition dismissed - decided against petitioner.
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