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2013 (8) TMI 504 - HC - Central ExciseEntertainability of the petition – Interlocutory order - Waiver of pre- deposit - Whether the Petition could be entertained under Article 227 of the Constitution of India as the same had been filed against the interlocutory order - The petitioner had filed this writ petition under Article 226/227 of the Constitution of India being aggrieved by the impugned interlocutory order for not allowing dispensing with the requirement of depositing the entire sum made under the proviso of the Central Excise Act – Held that:-The petition being filed against the interlocutory order passed by the appellate authority under its vested discretionary jurisdiction, could not be interfered under the superintending or revisional jurisdiction of this Court and deserves to be dismissed. Discretionary Jurisdiction u/s 35(F) - It was undisputed fact on record that the order had been passed by the appellate authority by virtue of the proviso of Section 35 (F) of the Act under its vested discretionary jurisdiction. Before proceeding to consider the merits of the matter - the interlocutory order had not been found to be improper or contrary to the proviso of Section 35 (F) of the Act and in such premises - there was no perversity, illegality, arbitrariness or anything against the propriety of law in the interlocutory order - the petition was devoid of any merits was dismissed at the stage of motion hearing – Decided against assesse.
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