9911796707
TMI Blog2015 (10) TMI 1098X X X X Extracts X X X X X X X X Extracts X X X X ..... d:- 7-10-2015 - Hon'ble Tarun Agarwala And Hon'ble Surya Prakash Kesarwani, JJ. ORDER (Per: Tarun Agarwala,J.) 1. The impleadment application No.344068 of 2015 is allowed. 2. Necessary correction in the array of the parties be carried out by the petitioners during the course of the day. 3. We have heard Sri H.G.S.Parihar, the learned senior counsel along with Sri Alok Kumar Srivastava for the petitioner, Sri Amit Mahajan, the learned counsel for the petitioner and Sri S.K.Dubey, the learned counsel for the newly impleaded respondent Nos.4 and 5. 4. The petitioners claim to be a partnership firm engaged in the manufacture and export of brass E.P.N.S., iron and aluminum artware, hardware, ready-made garments and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order dated 8.7.2015 the Assistant Commissioner passed the impugned order dated 14.8.2015 intimating the petitioners that since investigation in this matter is in progress, the Focus Licence cannot be registered during the pendency of the investigation. The petitioners, being aggrieved by this order dated 14.8.2015, has filed the present writ petition contending that no opportunity of hearing was granted and that the order was passed by the Assistant Commissioner whereas direction was given by the High Court to the Chief Commissioner, Customs, Central Excise Service Tax, Lucknow to pass the order pursuant to the order of the Writ Court dated 8.7.2015, passed in Writ Petition No.5884 (M/B) 2015. 6. Having heard the learned counsel f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... based on which the Deputy Commissioner, Central Excise and Service Tax, Lucknow issued a letter dated 14.8.2015 to the Commissioner, Allahabad to take suitable action at their end. The said letter was issued with the approval of the Chief Commissioner. Based on the said letter dated 14.8.2015, the Assistant Commissioner passed the impugned order intimating the petitioners that their request for registration of the Focus License can not be granted till the investigation is not completed. 9. In the light of the aforesaid, we are of the opinion, that the contention of the petitioners, that the direction of the Court dated 8.7.2015 passed by the Writ Court in Writ Petition No.5884(M/B) of 2015 was not complied by the Commissioner, is patentl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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