9911796707
TMI Blog2021 (3) TMI 33X X X X Extracts X X X X X X X X Extracts X X X X ..... JUSTICE SANJEEV NARULA Petitioner Through: Mr. Tarun Gulati, Sr. Adv. with Mr. Chetan Lokur and Mr. Akash Deep, Advs. Respondents Through: Ms. Sonu Bhatnagar, Ms. Mallika Joshi, Ms. Venus Mehrotra, Ms. Anushree Narain and Mr. Vaibhav Joshi, Advs. for R-1. Mr. Ravi Prakash, Adv. for R-2. O R D E R [VIA VIDEO CONFERENCING] CM No.3794/2021 (for exemption) 1. Allowed, subject to just exceptions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... senior counsel for the petitioner however contends that for availing the said remedy, there is a requirement of mandatory deposit of 7.5% of the demand under Section 35F of the Central Excise Act, 1944 and considering the huge demand, it is not possible for the petitioner to comply with the said mandatory provision. 7. The counsel for the respondents contends that the challenge in this petition i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at stage under Article 226 of the Constitution of India, making averments in that regard and writ petitions cannot be entertained negating the statutory remedy of appeal provided. 9. On enquiry it is informed that the limitation for preferring the statutory appeal has not expired yet. 10. We thus reject this writ petition with liberty to the petitioner to avail of the remedy of appeal and of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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