IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 6209 of 2001 For Approval and Signature: Hon'ble MR.JUSTICE M.R.CALLA and Hon'ble MR.JUSTICE N.G.NANDI ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgement? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- ARYA STEEL Versus UNION OF INDIA -------------------------------------------------------------- Appearance: MR BHARAT T RAO for Petitioner MR ANANT S DAVE for Respondents -------------------------------------------------------------- CORAM : MR.JUSTICE M.R.CALLA and MR.JUSTICE N.G.NANDI Date of decision: 02/08/2001 ORAL JUDGEMENT (Per : MR.JUSTICE M.R.CALLA) Rule. Mr.Anant S.Dave waives service of Rule on behalf of the respondents. Learned Counsel for the petitioner has submitted that the order was passed by the Dy.Commissioner of Customs, Bhavnagar, on 20th March 2001 against the petitioner. That order is a subject matter of appeal before the Commissioner (Appeals), Customs and Central Excise, Ahmedabad since 20th April 2001. That appeal along with the stay application is pending before the appellate authority, but so far, no orders have been passed either in the appeal or in the stay application and the same has not been taken up. Learned Counsel for the petitioner has further submitted that he has already deposited an amount of Rs.89,95,801/- and in the appeal the dispute is only about Rs.8,20,000/- for which he has already given Bank Guarantee to the author of the original order i.e. the Dy.Commissioner, Customs, Bhavnagar. The factual position as stated by learned Counsel for the petitioner is not disputed by Mr.Anant S.Dave appearing on behalf of the respondents. In this view of the matter, it is ordered that until appropriate orders are passed in the stay application by the appellate authority, no further coercive measures for recovery of the amount in question shall be taken up and the Bank Guarantee shall not be encashed. With the above directions, this Special Civil Application is disposed of and the Rule is hereby discharged with no order as to costs. Direct service is permitted. 2nd Aug.2001 (M.R. Calla, J.) (N.G. Nandi, J.) Sreeram.