Yaxon Pharmaceuticals (P) Ltd. Vs. Union of India - Court Judgment |
| Excise |
| Chennai High Court |
| Nov-24-1993 |
| Writ Petition No. 2812 of 1992 |
| Kanakaraj, J. |
| 1994(74)ELT574(Mad) |
| Yaxon Pharmaceuticals (P) Ltd. |
| Union of India |
| Shri K.V. Subramanian, Adv. |
| Shri K. Jayachandran, Addl. Central Govt. Standing Counsel |
- order1. the writ petition is directed against on order of the second respondent, dated 3-1-1992, rejecting an application for waiver of pre-deposit. the second respondent was impelled to pass an order because the petitioner has made a strange request before the tribunal that the senior departmental representative must be present before he argues the application for waiver. the tribunal rightly rejected the request for adjournment and consequently dismissed the application for waiver. before me it is argued that the tribunal could have considered the application for waiver on merits and passed suitable orders. i have heard the learned counsel for the respondents. the duty demanded by the original authority is rs. 2,46,000/-. counsel for the petitioner pleads financial restraints in making the payment. considering all the aspects of the case. i direct the petitioner to deposit a sum of rupees one lakh within two months from today. on such deposit, the appeal will be taken on file and disposed of in accordance with law. the writ petition is ordered accordingly. no costs.
ORDER
1. The writ petition is directed against on order of the second respondent, dated 3-1-1992, rejecting an application for waiver of pre-deposit. The second respondent was impelled to pass an order because the petitioner has made a strange request before the Tribunal that the Senior departmental representative must be present before he argues the application for waiver. The Tribunal rightly rejected the request for adjournment and consequently dismissed the application for waiver. Before me it is argued that the Tribunal could have considered the application for waiver on merits and passed suitable orders. I have heard the learned counsel for the respondents. The duty demanded by the Original Authority is Rs. 2,46,000/-. Counsel for the petitioner pleads financial restraints in making the payment. Considering all the aspects of the case. I direct the petitioner to deposit a sum of rupees one lakh within two months from today. On such deposit, the appeal will be taken on file and disposed of in accordance with law. The writ petition is ordered accordingly. No costs.