9911796707
TMI Blog2005 (5) TMI 662X X X X Extracts X X X X X X X X Extracts X X X X ..... ORAL ORDER (Per : HON'BLE MR.JUSTICE D.A.MEHTA) 1. This Civil Application has been moved by the original petitioner of Special Civil Application No.816 of 2005 praying for following reliefs : (A) That Your Lordships may be pleased to allow this application; (B) That Your Lordships may be pleased to stay the operation, implementation and execution of Notification No.10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aforesaid Special Civil Application which is admitted and pending for final hearing; (F) Any other further relief as may be deemed fit in the facts and circumstances of the case may also please be granted. 2. Mr.Amar Dave, the learned counsel appearing on behalf of applicant has made detailed submissions and placed reliance on the following seven decisions : (1) General Officer Commandi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e invited attention to Rules 18 and 19 of the Central Excise Rules, 1944 with special reference to the difference in language employed in sub-rules (1) and (2) of Rule 19 of the Rules to submit that the impugned notification was against the express language employed by the Rules and made the rules redundant. In this connection, attention was also invited to Rule 5 of the CENVAT Credit Rules 2002 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are granted at this stage, it would tantamount to allowing the petition. In the circumstances, it is not possible to grant the said prayers. It is necessary to record that a suggestion was put to the parties that the rebate claim could be granted subject to the applicant petitioner furnishing bank guarantee of an equivalent amount; but the said suggestion was not acceptable to either side. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said order, the petition came to be rejected and the petitioner thereupon moved Misc. Civil Application No.626 of 2005 seeking restoration of the petition. Accordingly, the petition was restored by order of 4th April 2005. 7. Considering the fact that there are various matters which already pending prior in point of time, the alternative prayer is rejected. Registry to notify the main petit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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