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Judgment
Supplementary affidavit has been filed today. Heard the learned Counsel for the parties. Grievance raised on behalf of the petitioner is that during the pendency of appeal an application for dispensation of the deposit at contemplated u/s 35F of the Central Excises and Salt Act, 1944 has also been made and is still pending, but the opposition parties have issued the demand notice dated 18th April, 1990, a copy of which has been filed as Annexure-3 to this writ petition. Having given our anxious consideration to the facts of the present case we find it expedient in the interest of justice and accordingly direct the Collector of Central Excise (Appeals), Allahabad, respondent No. 4, to dispose of the said application of the petitioner moved under the proviso to Section 35F of the aforesaid Act within a period of one month from today.
Meanwhile for a period of one month the operation of the impugned demand notice dated 18.4.1990 shall remain stayed.
The petition is disposed of accordingly. Let a copy of this order be issued to the learned Counsel for the petitioner on payment of usual charges today.