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Judgment
The petitioner''s appeal before the Customs, Excise and Gold (Control Appellate Tribunal, Southern Regional Bench was dismissed on 14-7-
1994. Against the said order the petitioner seems to have filed an appeal u/s 35L of the Central Excises and Salt Act. In the meanwhile the petition
has also filed a rectification petition before the CEGAT on the ground that similar matters, involving identical issues had been referred to a larger
Bench by the Tribunal and that order is reported in 1993 (46) ECR 460 . According to the petitioner, his case was omitted because of the lapse of
Consultant, who appeared before the Tribunal. Therefore, the limited prayer in this writ petition is that till the rectification petition is decided, the
respondents should be restrained from enforcing recovery on the basis of the order, dated 14-7-1994. Learned counsel for the respondents
opposes the petition and says that it is up to the petitioner to move the Tribunal for appropriate orders. Having given my anxious consideration to
the rival contentions, I am of the opinion that the petitioner can be directed to file an application for stay before the Tribunal in the pending
rectification application and take the order of the Tribunal on the stay application. However, I propose to give some time for making such an
application and till that time, the enforcement of the order, dated 14-7-1994, shall be kept in abeyance. Accordingly, I direct the petitioner to file
the stay application before the Tribunal on or before 28-2-1995 and till then the enforcement is stayed. If by 28-2-1995 the petitioner is unable to
get the stay order from the Tribunal, it is open to the respondents to enforce the recovery. The writ petition is ordered in the above terms. No
costs.