Skip to content


Mohd. Sharif Mohd. Amir and anr. Vs. Customs, Excise and Gold (Control) Appellate Tribunal and ors. - Court Judgment

LegalCrystal Citation
SubjectExcise
CourtAllahabad High Court
Decided On
Case Number Civil Misc. Writ Petition No. 765 of 1985
Judge
Reported in1986(7)ECC148
AppellantMohd. Sharif Mohd. Amir and anr.
RespondentCustoms, Excise and Gold (Control) Appellate Tribunal and ors.
Excerpt:
central excise - appeal--tribunal--dismissal of appeal in default--restoration application filed--tribunal to restore appeal and dispose of on merits--recovery of duty stayed till such disposal--central excises and salt act (1 of 1944). - .....against an order dated 1st february, 1985 passed by the appellate tribunal constituted under the central excise act.2. feeling aggrieved by an order passed by the collector of central excise, meerut fastening certain pecuniary liability upon the petitioner an appeal was preferred before the tribunal and that appeal has been dismissed in default by the impugned order. it is stated at the bar that an application for the restoration of the appeal has been filed and the same is pending before the tribunal. there is some controversy as to whether the application for restoration has been allowed or not. in case the application has been allowed and the appeal has been restored to its original number, the tribunal shall dispose of the same on merits and in accordance with law, as soon as.....
Judgment:
ORDER

S.K. Dhaon, J.

1. This petition is directed against an order dated 1st February, 1985 passed by the Appellate Tribunal constituted under the Central Excise Act.

2. Feeling aggrieved by an order passed by the Collector of Central Excise, Meerut fastening certain pecuniary liability upon the petitioner an appeal was preferred before the Tribunal and that appeal has been dismissed in default by the impugned order. It is stated at the bar that an application for the restoration of the appeal has been filed and the same is pending before the Tribunal. There is some controversy as to whether the application for restoration has been allowed or not. In case the application has been allowed and the appeal has been restored to its original number, the Tribunal shall dispose of the same on merits and in accordance with law, as soon as possible. If the application has not been allowed and is still pending, the appellate authority shall pass an order restoring the appeal to its original number and thereafter, dispose it of on merits. Till the Tribunal disposes of the appeal of the petitioner on merits and in accordance with law, the realisation of the amount as adjudged by the Collector of Central Excise in the order under appeal shall remain stayed.

3. I have heard Sri K.C. Sinha, counsel for the Department in opposition to this petition, With these observation the writ petition is disposed of. There shall be no order as to costs.

4. A copy of this order may be given to the Learned Counsel for the petitioner on payment of usual charges within 72 hours.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //