2013 (3) TMI 88

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nding Counsel for Customs Central Excise Department, who is present in person in court, directed to accept notice on behalf of the respondents. 2. Heard finally. 3. Petitioner has preferred this writ petition with grievance that he has already preferred an appeal before the Commissioner (Appeals), Central Excise, Jaipur way back on 25th October, 2012 along with a stay application against the ord .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... to hear and decide the stay application for waiver of pre-deposit amount at the earliest and till then the respondent Department be restrained from making any recovery from the petitioner in pursuance of order dated 4th July, 2012. 4. Learned counsel for the respondents submitted that a direction be given to the appellate authority to hear and decide the stay application. However, he opposed the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... re is no fault on part of the petitioner. 7. After considering all the facts and circumstances of the case, we are of the view that it is a fit case wherein a direction is required to be issued to the Commissioner, Central Excise i.e. the appellate authority to hear and decide the stay application at an early date and till then to restrain the respondent department from making any recovery in pur .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X