B.P.Gupta And Co. v. The Custom Ex.And Goldcont.App.Trb.Andors

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition No. 769 of 2003 B.P. Gupta & Co. 175-A Light Industrial Area, Bhilai, Durg (Chhattisgarh) Pin: 490026 ---- Appellant

Versus

1. The Customs, Excise and Gold (Control) Appellate Tribunal, West Block, R.K. Puram, New Delhi- 110066.

2. Commissioner of Customs & Central Excise Raipur (Chhattisgarh) ---- Respondents For Appellant : Shri Kiran Singh, Advocate.

Hon'ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri Sharad Kumar Gupta, Judge.

Order on Board Per Thottathil B. Radhakrishnan, Chief Justice 31/07/2017 1.

Heard.

2.

The writ Petitioner had filed an appeal before the Customs, Excise and Gold (Control) Appellate Tribunal; hereinafter referred to as 'CEGAT'. This writ petition was filed in the year 2003 seeking a direction that the said appeal be disposed of after considering the contention of the Petitioner. An interlocutory order of stay of enforcement of recovery was also sought for. This Court passed an order of stay on the condition of deposit of 1/3rd. It is submitted that the said condition has been complied with. Obviously, with the passage of time, we would think that CEGAT would have decided the appeal, though the learned counsel for the Petitioner is unable to make any specific submission in this regard. We therefore order this writ

petition directing that the enjoyment of the interim order granted by this Court will depend upon the final disposal of the of the appeal filed by the Petitioner before the CEGAT and referred to in this writ petition. Sd/- Sd/- (Thottathil B. Radhakrishnan) (Sharad Kumar Gupta) CHIEF JUSTICE JUDGE Anu