2012 (2) TMI 510

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... l ORDER By this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 21.10.2010 passed by the Commissioner (Appeals) Customs & Central Excise, Indore in Case No.224-CE/IND/APPEALI/ 2010/1587, by which the petitioner's application for interim stay has been rejected. It has been contended by the learned counsel for the petitioner that the le .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... V.K. Zelawat, learned counsel appearing for the respondents has argued that the learned Commissioner has committed no error in rejecting petitioner's application, as the petitioner was not having any prima facie case in his favour. Having considered the submissions made by the learned counsel for the parties and after going through the impugned order, we find that the petitioner's applica .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tion of pre-deposit of duty, fine and penalty. The aforesaid order cannot be said to be a reasoned order. In the application, the petitioner placed reliance on various judgments in support of its contention that it has got a very good case on merits and insistence of the respondents for pre-deposit of duty, fine and penalty will cause undue hardship to the appellant. However, the Commissioner, wit .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X