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Judgment
D.B. Singh Chauhan, J.—Heard the learned Counsel for the petitioner and the learned Standing Counsel for Union of India. With the consent of the parties this petition is being finally disposed of.
The petitioner against the order of Assistent Collector, Central Excise filed an appeal before the Collector of Central Excise (Appeal), New Delhi. The appeal was filed as back as on 4-5-1989 alongwith an application for interim stay order. The appeal is pending and so far the Appellate Authority was not even disposed of the stay application moved by the petitioner, and the recovery proceedings against the petitioner have been started. I direct the Collector, Central Excise (Appeal), New Delhi to decide the stay application within a period of one month from the date of presentation of the copy of this order or he may dispose of the appeal itself. Until the stay application is disposed of as aforesaid no proceedings for recovery shall be initiated against the petitioner. With these directions the writ petition is finally disposed of.
Let a copy of this order be issued to the learned Counsel for the parties on payment of usual charges within 24 hours.