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2007 (12) TMI 227 - HC - Central ExciseWrit jurisdiction - relief of writ of prohibition seeked prohibiting the respondent from proceeding further in relation to show cause notice No. 13/2001, dated 3-7-2001 - Held that:- In this case, as already stated, so many violations, which are factual in issue, have been alleged against the appellant and the appellant was only required to submit his explanation to the alleged violations, it is not expected a writ Court on the basis of an affidavit and counter affidavit, resolve the disputed questions of fact. Furthermore, what is impugned is only a show cause notice calling upon the petitioner to submit its reply. It is not a final determination. The respondent would have very well dropped the proceedings, if the cause to be shown by the petitioner are well founded. Hence, we are not able to appreciate the argument of the learned counsel Mr. Sriram Panchu that the appellant need not undergo the ordeal of replying to the show cause notice. Thus there is no point merit consideration in the writ appeal and the writ appeal is dismissed. However, the appellant is hereby given time upto 21-1-2008 to file their objections if any to the impugned show cause notice with relevant supporting materials, if they are so advised and thereupon it is for the respondent to proceed further in accordance with law.
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