The Cannanore Co-Operative Spinning vs The Commissiioner of Central Excise, The Assistant Commissioner(Preventive) and The Superintendent of Central Excise

P.R. Ramachandra Menon, J.—The appellant/petitioner approached this Court disputing the liability to satisfy ''interest'', to the tune of Rs. 3,48,802/- as claimed in Ext.P2 notice, raising many a contention. The writ petition was admitted and an interim order of stay was granted by the learned Single Judge. Thereafter, the respondents filed a counter affidavit and an application to vacate the interim order, pointing out the merits involved. The matter was considered by the learned Single Judge who passed the impugned order dated 1st June, 2010 observing that the circumstances did not necessitate to have the interim order extended any further. It is against the said order that the appellant has filed the present writ appeal.

The only contention of the appellant appears to be that, the appellant/petitioner is entitled to have the benefit of interim stay, till the writ petition is finally heard and disposed of. Absolutely nothing has been stated in the writ appeal with regard to the merits involved or as to the eligibility of the appellant to have sustained the plea witsh regard to payment of interest. We do not find any illegality or impropriety in the order passed and impugned in the writ appeal.

Interference is declined and the writ appeal is dismissed.