M/S Campco Chocolate Factory vs Union Of India on 28 January, 2013

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Karnataka High Court

M/S Campco Chocolate Factory vs Union Of India on 28 January, 2013

Bench: H.N.Nagamohan Das

                         1



IN THE HIGH COURT OF KARNATAKA AT BANGALORE

      DATED THIS THE 28TH DAY OF JANUARY, 2013

                      BEFORE

     THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS

        WRIT PETITION NO.3117/2013 (T-TAR)

BETWEEN:

M/S.CAMPCO CHOCOLATE FACTORY,
KEMMINJE,
PUTTUR- 574 202.
REPRESENTED BY
H.M.KRISHNA KUMAR, D.G.M.
                                     ... PETITIONER

(BY SRI. LAKSHMIKUMARAN, ADVOCATE)

AND:

1.     UNION OF INDIA,
       REPRESENTED BY ITS SECRETARY,
       MINISTRY OF FINANCE,
       DEPARTMENT OF REVENUE,
       NORTH BLOCK,
       NEW DELHI - 110 001.

2.     THE CENTRAL BOARD OF
       EXCISE AND CUSTOMS,
       DEPARTMENT OF REVENUE,
       MINISTRY OF FINANCE,
       REPRESENTED BY ITS CHAIRMAN,
       HAVING ITS OFFICE AT NORTH BLOCK,
       NEW DELHI - 110 001.
                             2



3.   COMMISSIONER OF
     CENTRAL EXCISE,
     7TH FLOOR, TRADE CENTRE,
     BUNTS HOSTEL ROAD,
     MANGALORE- 575 003.

4.   ASSISTANT COMMISSIONER OF
     CENTRAL EXCISE,
     MANGALORE-II DIVISION,
     C.R.BUILDINGS,
     ATTAVARA, MANGALORE- 575 003.

                                          ... RESPONDENTS

(BY SRI. N.R. BHASKAR,           CENTRAL         GOVT.     SR.
STANDING COUNSEL)

     THIS WRIT PETITION IS FILED UNDER ARTICLE
226 OF CONSTITUTION OF INDIA PRAYING TO DIRECT
THE RESPONDENTS NOT TO ENFORCE RECOVERY OF
THE DUES CONFIRMED BY THE ORDER IN ORIGINAL
DT.22/23.1.11 IN TERMS OF THE LETTER DT.4/9.1.13
MARKED AS ANN-A TILL DISPOSAL OF THE STAY
APPLICATION NO.1028/11 BY THE TRIBUNAL IN
APPEAL NO.1650/2011.

    THIS PETITION IS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:

                          ORDER

Sri. N.R. Bhaskar, Central Government Senior Standing Counsel is directed to take notice for respondents.

2. In this writ petition the petitioner has prayed for a writ directing the respondents not to initiate coercive steps for recovery of the demand made in the letter dated 04.01.2013 - Annexure-A.

3. Annexure-A is an outcome of the order passed by the original authority under the provisions of the Central Excise Act. Learned counsel for the petitioner submits that against the order passed by the original authority an appeal is preferred before the Appellate Authority and the stay application is pending consideration. In the meanwhile the respondents have issued the impugned notice Annexure-A demanding payment of excise duty as determined by the original authority. The stay application filed by the petitioner is not considered since the Tribunal was not sitting for certain period. Now it is brought to my notice that the Tribunal may start sitting from the first week of February 2013. In the circumstances the writ petition is hereby 4 disposed off directing the Tribunal to consider the stay application filed by the petitioner in the appeal before them within a time frame of 3 weeks. Till the disposal of the stay application by the Appellate Authority the respondents shall not take coercive steps against the petitioner. The Tribunal to expedite the matter without being influenced by any of the observations made in this order.

Sd/-

JUDGE VM

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