IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 5866 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 -------------------------------------------------------------- ASOKA SPINTEX (DIVISION OF ARVIND MILLS LTD) Versus UNION OF INDIA -------------------------------------------------------------- Appearance: MR BHARAT T RAO for Petitioner MR DN PATEL, ld.Central Govt.Standing Counsel for respondents. -------------------------------------------------------------- CORAM : MR.JUSTICE M.R.CALLA and MR.JUSTICE N.G.NANDI Date of decision: 24/07/2001 ORAL JUDGEMENT (Per : MR.JUSTICE M.R.CALLA) Rule. Mr.D.N.Patel waives service of Rule on behalf of the respondents. It has been submitted that the matter may be disposed of at this stage itself. Learned Counsel for the petitioner has submitted that the petitioner has been declared as a relief undertaking under the Bombay Relief Undertakings (Special Provisions) Act, 1958 and the notification to this effect has been issued by the State of Gujarat on 6.6.2001. It has also been submitted that the order dated 29th Dec.2000 issued by the Commissioner of Central Excise, Ahmedabad is a subject matter of appeal before the CEGAT, Mumbai since 23rd March 2001 along with the stay application, but neither the stay application has been taken up nor the appeal and so far, no order has been passed in the stay application. It has been pointed out that for the past few months, the CEGAT is not working to its full strength and the second Bench has started functioning recently and therefore, the stay matter and the appeal could not be taken up. It has also been submitted that in several cases of this nature, the Court has directed not to take coercive measures for recovery of the dues by the Department. The factual aspects as alleged are not disputed before us by the learned Counsel for the respondents. In the facts and circumstances of this case, we direct that no coercive measures for recovery of the due amount shall be taken against the petitioner until the stay application in the pending appeal is taken up by the CEGAT and appropriate orders are passed therein. We further order that the stay application shall be taken up by the CEGAT at the earliest possible, but in no case, not later than eight weeks from today as prayed by the learned Central Govt.Standing Counsel for the respondents. This Special Civil Application is hereby disposed of accordingly and the Rule is decided in the same terms. No order as to costs. Direct service is permitted. 24th July 2001 (M.R. Calla, J.) (N.G. Nandi, J.) Sreeram.