TMI Blog1989 (12) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... he stage of admission. Accordingly the appeal is admitted. Respondents waive service. Appeal is taken up for hearing. 2. The order of the learned Single Judge impugned in this appeal is one refusing issue of Rule on the basis that the order of the Customs, Excise & Gold (Control) Appellate Tribunal (CEGAT) is a discretionary order and this Court under Article 226 of the Constitution of India ough ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as from today till the amount is received by the Revenue. CEGAT to decide whether any interest is to be paid by the Appellants on the amount they are held liable to pay. 5. Accordingly, allowing the Appeal, we set aside the order of the learned Single Judge and issue Rule. 6. The Advocate for the respondents before us (respondents to the petition) states that order in the aforesaid terms may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 23-1-1990 or cash in lieu of the bank guarantee not deposited by 31-1-1990, the Appeal before CEGAT may be dismissed by CEGAT for non-compliance with the said condition.
8. This disposes of the Writ Petition. Parties to bear their own costs of the Appeal as also Writ Petition.
9. The format of the bank guarantee, as agreed, to be kept on record of this Appeal.
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