1989 (4) TMI 98

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..... petition and the affidavit filed in support thereof and upon hearing the arguments of Mrs. Ramani Natarajan advocate for the petitioner, the Court made the following order: The prayer in the writ petition is for a Certiorari to call for the records relating to the order issued by the Collector of Central Excise dated 25-12-1987 and as modified by the Customs, Excise and Gold (Control) Appellate .....

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..... Section 129B and on payment of the requisite fee require the Appellate Tribunal to refer to the High Court any question of law arising out of such order and subject to the other provisions contained in that section. The Appellate Tribunal shall within 120 days of the receipt of such an application direct a statement of the case and refer it to the High Court. The proviso to the said section enabl .....

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..... Court under Article 226 of the Constitution of India for a remedy. Further, under Section 130C of the Act, when any case has been referred to the High Court under Section 130, it shall be heard by a Bench of not less than two judges of the High Court. Therefore any appeal or other proceedings questioning the validity of the order of the Customs, Excise and Gold (Control) Appellate Tribunal can be .....

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