TMI Blog1989 (12) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... ted. Respondents waive service. Appeal is taken up for hearing. 2. The order of the learned Single Judge impugned in this appeal is one refusing issue of Rule on the basis that the order of the Customs, Excise Gold (Control) Appellate Tribunal (CEGAT) is a discretionary order and this Court under Article 226 of the Constitution of India ought not to interfere with the exercise of discretion. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... venue. CEGAT to decide whether any interest is to be paid by the Appellants on the amount they are held liable to pay. 5. Accordingly, allowing the Appeal, we set aside the order of the learned Single Judge and issue Rule. 6. The Advocate for the respondents before us (respondents to the petition) states that order in the aforesaid terms may be made in the petition and Rule may be disposed of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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