SCA/7183/1999 of GE LIGHTING (INDIA) LTD. Vs UNION OF INDIA on 22 November 2000

1. Whether Reporters of Local Papers may be allowed : NO

to see the judgements?

2. To be referred to the Reporter or not? : NO

3. Whether Their Lordships wish to see the fair copy : NO

of the judgement? 4. Whether this case involves a substantial question : NO

of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?

5. Whether it is to be circulated to the Civil Judge? : NO

-------------------------------------------------------------- GE LIGHTING (INDIA) LTD.

Versus

UNION OF INDIA

-------------------------------------------------------------- Appearance:

MR BHARAT T RAO for Petitioners

MR MUKESH R SHAH for Respondent No. 1, 2

-------------------------------------------------------------- CORAM : MR.JUSTICE B.C.PATEL

and

MR.JUSTICE R.R.TRIPATHI

Date of decision: 22/11/2000

ORAL JUDGEMENT (Per : MR.JUSTICE B.C.PATEL)

Rule. Mr.Mukesh R. Shah, learned counsel waives service service of rule.

2. Challenging the order made by the Commissioner (Appeals), Central Excise & Customs, Ahmedabad, against the petitioners for predepositing the amount, this petition is filed. Affidavit in reply is not filed.

3. We have heard both the learned counsel appearing in the matter, who are of the opinion that the Court need not entertain the petition on merits as the appeal is pending. Looking to the nature of the matter and in the special facts and circumstances of the case, we direct the Commissioner of Appeals to dispose the appeal on merits within the period of two months and not to insist for predeposit.

4. The petition is allowed. Rule is made absolute accordingly. No order as to costs.

����(B.C. Patel, J.)

22nd November 2000��(Ravi R. Tripathi, J.)

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