IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 15328 of 2008 Between: The Sirpur Paper Mills Limited, rep. by its Chief Administrative Officer, Mr. Ch. Seetharamaiah S/o. Late Venkatappaiah R/o. Hyderabad. ..... PETITIONER AND 1 The Commissioner of Customs and Central Excise (Appeals), Hyderabad, L.B. Stadium Road, Basheerbagh, Hyderabad. 2 The Additional Commissioner of Central Excise, Hderabad I Commissionerate, L.B. Stadium Road, Basheerbagh, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus or any other appropriate writ, order or orders, direction or directions to declare the order of the 1st respondent in A No.27/2008 (H-I)CE dated 24.06.2008 whereby the Stay Petition of the petitioner has been disposed off without notice, as illegal, violative of principles of natural justice and unconstitutional and to issue a consequential direction to the 1st respondent to hear the petitioner and pass orders afresh on the stay petition in Appeal No.27/2008(H-I)CE. Counsel for the Petitioner:MR.V.SRINIVAS Counsel for the Respondents No.: MR.A.RAJASHEKAR REDDY (SPL. STANDING COUNSEL FOR COMMERCIAL TAX) The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 15328 of 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed by the petitioner seeking to declare the order of the 1st respondent in A No.27/2008 (H-I)CE dated 24.06.2008 whereby the Stay Petition of the petitioner has been disposed off without notice, as illegal and in violation of principles of natural justice and to issue a consequential direction to the 1st respondent to hear the petitioner and pass orders afresh on the stay petition in Appeal No.27/2008(H-I)CE. It is the case of the petitioner that aggrieved by the orders passed by the 2nd respondent, the petitioner filed an appeal and also an application for waiver of pre-deposit amount, before the 1st respondent. But the 1st respondent without hearing the petitioner, disposed of the stay application with a direction to deposit the duty confirmed in the order of the 2nd respondent. Hence, the petitioner filed the present writ petition. Heard the learned Counsel for the petitioner and the learned Special Standing Counsel for Commercial Tax and perused the material available on record. The learned Counsel for the petitioner vehemently argued that the stay application is disposed of without hearing the petitioner and the order in stay application is of exparte in nature and therefore, it is liable to be set aside. On the other hand, the learned Standing Counsel opposed the contention of the learned Counsel for the petitioner. In the facts and circumstances of the case and in view of the pendency of the appeal before the 2nd respondent, without expressing any opinion on the merits of the case, We feel it a fit case wherein stay can be granted, but subject to imposition of certain conditions. Accordingly, there shall be stay of recovery of the disputed duty and penalty, pending disposal of the appeal before the 2nd respondent, on condition of the petitioner depositing an amount of Rs.30,00,000/- (Rupees Thirty Lakhs only), which comprises of Rs.24,00,000/- towards duty and Rs.6,00,000/- towards penalty, within a period of eight (8) weeks from today. The 2nd respondent is directed to dispose of the appeal within a period of three months from the date of such deposit. Subject to the above direction, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari ___________________________ Justice Ramesh Ranganathan Date: 17th July, 2008 Nn. THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No:15328 OF 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 17/07/2008