2012 (6) TMI 193

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..... e of a writ of certiorarified mandamus to call for the records of the first respondent culminating in the order A.No.105/2002(M-II) dated 22.10.2002 passed by the 1st respondent and quash the same and direct the first respondent to hear the appeal without insisting on payment of pre-deposit of duty and penalty and to decide them on merits. 2. The Deputy Commissioner of Central Excise Chennai II D .....

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..... eady been debited found it not fit to grant waiver of pre-deposit of balance amount. Aggrieved thereby the present writ petition has been filed against the interim order passed by the Commissioner of Central Excise (Appeals). 3. At the time of admission, this Court taking note of the fact that the Company was declared as a sick industrial unit and since the proceedings are pending before the BIFR .....

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..... vived . In such view of the matter since a substantial amount has already been debited and also taking note of the interim order and the pendency of this case for a long period of time, it will be appropriate to direct the disposal of the appeal on merits. The first respondent, the Commissioner of Central Excise (Appeals) is directed to dispose of the appeal expeditiously preferably by six weeks f .....

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