1 MSS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPLICATION NO. 11 OF 2003 THE COMMISSIONER OF CENTRAL EXCISE APPLICANT Vs. RANISATI FABRIC MILLS (P) LTD. .. RESPONDENT Mr. P. S. Jetly for applicant Mr. Naveena Kumar for respondent CORAM:SMT.RANJANA DESAI & J. P. DEVADHAR, JJ. DATE: 9/2/2009 P.C. . This application was admitted on 9/6/05 on the following substantial questions of law: (a) Whether the expression "penalty" equal to an amount of duty outstanding from him or Rs.5,000/- whichever is greater" occurring in clause (ii) of sub rule 5 of Rule 96ZQ of the Central Excise Rules, 1944 is in the nature of mandatory penalty and that does the adjudicating authority not legally obliged to impose penalty equivalent to outstanding amount of duty or Rs.5,000/- whichever 2 is greater or he has discretion to impose lesser penalty? 2. In view of judgment of Supreme Court in Union of India v. Dharmendra Texetile Processors, 2008 (231) E.L.T. 3 (S.C.) the matter requires consideration of this court. 3. Hence the application is allowed. The Tribunal is directed to raise the aforesaid questions of law for the opinion of this court. The statement of case may be forwarded to this court as expeditiously as possible. Application is disposed of. JUDGE JUDGE