High CourtsDivision Bench(1988) 09 AHC CK 0055

Dany Dairy and Food Engineers Ltd. vs Union of India (UOI) and Others

Allahabad High Court · Decided on 20 September 1988 · Citation: (1989) 20 ECC 168

HON’BLE JUDGES
Om Prakash, J · B.N. Mishra, J
RESULT
Disposed Of
CASE NUMBER
Civil Miscellaneous Writ Petition No. 1420 of 1988

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Judgment

2 paragraphs · 181 words

B.N. Misra, J.—Upon hearing Learned Counsel for the petitioner and learned Senior Standing Counsel for the respondents, this writ petition is disposed of finally with the direction that the Collector (Appeals), Central Excise, New Delhi respondent No. 2, shall consider afresh the stay application dated 24-5-1988 filed by the petitioner only in respect of misc. machinery equipments, without prejudicing the appeal, limited to the question whether the petitioner has made out a case for stay under the law keeping in view Notification No. 213 dated 25-3-1986 along with other relevant Rules and notifications. The order passed by the respondent No. 2, after considering the stay application afresh, shall be supported by reasons. The stay application shall be disposed of within 3 weeks from the date a certified copy of this order is produced before the respondent No. 2 by the petitioner and as undertaken the petitioner shall file a certified copy of this order within 10 days from today.

2.

A certified copy of this order be made available to the petitioner''s counsel, on payment of usual charges, within 48 hours.