TMI Blog2013 (5) TMI 505X X X X Extracts X X X X X X X X Extracts X X X X ..... and next date fixed by the Tribunal is 2-4-2012. A period of seven days was given in the notice dated 28-1-2012, but no property of petitioner has been attached and put to an auction. The writ petition was filed on 16-2-2012. The matter is already fixed before the Tribunal on 2-4-2012. If petitioner has any urgency in the matter, then a prayer should have been made before the Appellate Tribunal itself for early hearing of the stay application, instead of filing the present writ petition before this Court. - writ petition dismissed. - D.B. Civil Writ Petition No. 2332 of 2012 - - - Dated:- 14-3-2012 - Arun Mishra and Narendra Kumar Jain, JJ. Shri M.L. Gupta, for the Petitioner. ORDER By the Court : Heard learned counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng on stay application is 2-4-2012, but in the meantime, notice has been issued on 28-1-2012, therefore, it will be appropriate to stay the recovery of amount till the stay application is heard by the Tribunal, otherwise property of the petitioner will be attached and auctioned. In support of his submissions, he referred the judgment of Division Bench of this Court at Principal Seat at Jodhpur in Shree Cement Ltd. v. Union of India, 2001 (133) E.L.T. 301 (Raj.). 5. We have considered the submissions of learned counsel for petitioner and examined the documents, annexed with the writ petition, including impugned notice, published in Daily News Paper Dainik Bhaskar dated 28-1-2012, wherein name of petitioner finds place at S. No. 46. 6. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... So far as present case is concerned, it is not a case of petitioner that the said Circular dated 2-3-1990 has been brought to the notice of respondents. Further, the petitioner has neither placed on record any copy of attachment order of its movable or immovable property, nor any notice for auction thereof. In these circumstances, we find that the said judgment is distinguishable on facts. 8. Since 2-4-2012 has already been fixed in the case by the Tribunal for hearing of stay application, if the petitioner still feels that there is an urgency in the matter and his property is going to be attached, then it should make a prayer before the Tribunal for early hearing of its stay application. 9. In view of above, we do not find any merit in ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
