1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.266 OF 2007 NO.266 OF 2007 NO.266 OF 2007 The The The Commissioner of Central Excise Commissioner of Central Excise Commissioner of Central Excise Thane-I Thane-I Thane-I ...... Petitioner Petitioner Petitioner vs vs vs 1.1.1. Customs Customs Customs Excise and Service Tax Excise and Service Tax Excise and Service Tax Appellate Appellate Appellate Tribunal Tribunal Tribunal ...... Respondents Respondents Respondents Mr.M.I.Sethna,Sr.Counsel Mr.M.I.Sethna,Sr.Counsel Mr.M.I.Sethna,Sr.Counsel with Ms.S.D.Bhosale for with Ms.S.D.Bhosale for with Ms.S.D.Bhosale for Petitioner Petitioner Petitioner Mr.Manoj Mr.Manoj Mr.Manoj Sanklecha with Mr.S.P.Bharati Sanklecha with Mr.S.P.Bharati Sanklecha with Mr.S.P.Bharati for for for Respondent Respondent Respondent no.2 no.2 no.2 WITH WITH WITH WRIT WRIT WRIT PETITION NO. 151 OF 2007 PETITION NO. 151 OF 2007 PETITION NO. 151 OF 2007 M/s M/s M/s Shivarati Shivarati Shivarati Textiles Pvt.Ltd .. Petitioner Textiles Pvt.Ltd .. Petitioner Textiles Pvt.Ltd .. Petitioner vs vs vs The The The Union of India & ors Union of India & ors Union of India & ors ...... Respondents Respondents Respondents CORAM CORAM CORAM : S.RADHAKRISHNAN & : S.RADHAKRISHNAN & : S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ JJ JJ DATE DATE DATE : : : 7th June, 2007 7th June, 2007 7th June, 2007 P.C. P.C. P.C. 1.1.1. Heard learned counsel for the petitioner and Heard learned counsel for the petitioner and Heard learned counsel for the petitioner and learned learned learned counsel for the respondents. counsel for the respondents. counsel for the respondents. 2.2.2. By this petition, the petitioner is challenging By this petition, the petitioner is challenging By this petition, the petitioner is challenging the the the order of CESTAT dated 8th August, 2006 whereby order of CESTAT dated 8th August, 2006 whereby order of CESTAT dated 8th August, 2006 whereby CESTAT CESTAT CESTAT had granted full waiver of pre-deposit of had granted full waiver of pre-deposit of had granted full waiver of pre-deposit of duty duty duty as well as penalty amount. We have perused as well as penalty amount. We have perused as well as penalty amount. We have perused the the the order order order of the CESTAT. The said order was passed of the CESTAT. The said order was passed of the CESTAT. The said order was passed as as as far far far back as on 8th August, 2006. Learned senior back as on 8th August, 2006. Learned senior back as on 8th August, 2006. Learned senior counsel counsel counsel for the petitioner fairly stated they had for the petitioner fairly stated they had for the petitioner fairly stated they had not not not moved CESTAT for out of turn hearing though moved CESTAT for out of turn hearing though moved CESTAT for out of turn hearing though 2 such such such liberty has been explicitly liberty has been explicitly liberty has been explicitly granted in para granted in para granted in para 3.1 3.1 3.1 of the said order. Today, we are in the month of the said order. Today, we are in the month of the said order. Today, we are in the month of of of June, 2007. In the aforesaid facts and June, 2007. In the aforesaid facts and June, 2007. In the aforesaid facts and circumstances, circumstances, circumstances, we direct CESTAT to expeditiously we direct CESTAT to expeditiously we direct CESTAT to expeditiously dispose dispose dispose of the aforesaid pending appeal as of the aforesaid pending appeal as of the aforesaid pending appeal as expeditiously expeditiously expeditiously as possible preferably within a as possible preferably within a as possible preferably within a period period period of four weeks from today. of four weeks from today. of four weeks from today. 3. Writ Petition stand disposed of accordingly. Writ Petition stand disposed of accordingly. Writ Petition stand disposed of accordingly. Both Both Both learned counsel for the petitioner and the learned counsel for the petitioner and the learned counsel for the petitioner and the respondents respondents respondents categorically state that they will not categorically state that they will not categorically state that they will not protract protract protract or seek any adjournment before CESTAT. or seek any adjournment before CESTAT. or seek any adjournment before CESTAT. (V.C.Daga, (V.C.Daga, (V.C.Daga, J) J) J) (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, J)J)J)