2014 (2) TMI 1304

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..... ourt having not granted stay pending the appeal, necessary legal consequences would be recovery of the outstanding dues. The power can legitimately be exercised irrespective of the impugned circular - it is incorrect to hold the circular to be arbitrary or discriminatory or violative of any fundamental or statutory right of the petitioner or any other party - petition dismissed - decided against p .....

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..... ore the Hon ble Supreme Court, the respondents have, in exercise of power conferred by the impugned circular, started recovery against the petitioner. He has submitted that in absence of any rule, such a circular could not have been issued by the Government of India. He has also relied upon the judgment of the Rajasthan High Court in the matter of Manglam Cement Ltd. v. Superintendent of C. Ex. Ra .....

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..... no appeal has been preferred or although the appeal has been preferred, the appellate forum has not granted stay against the recovery. Evidently, the circular has been issued with a view to ensuring a uniform action by all the officers over the Country. 4. In the present case, the petitioner having lost before this Court, the Hon ble Supreme Court having not granted stay pending the appeal, ne .....

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