1994 (8) TMI 39

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..... is not considered necessary, nor it is insisted upon by the learned counsel for the respondents, to file a counter-affidavit. The writ petition is, therefore, finally disposed of at the admission stage. 3.This writ petition under Article 226 of the Constitution of India is directed against an order dated 11-7-1994, passed by the Collector (Appeals) under Section 35F of the Central Excises and S .....

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..... on conferred by the said proviso, the appellant moved an application before the Collector (Appeals) for waiver of the condition of pre-deposit. By the impugned order, the learned Collector has directed the appellant to deposit Rs. 2,00,000/- within 15 days of the order. It is against this direction that the petitioner has come to this Court contending that looking to the financial position of the .....

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..... ld have been just if the petitioner was required to pre-deposit a sum of Rs.50,000/- only. 7.The writ petition is, accordingly, allowed and it is directed that in case the petitioner deposits a sum of Rs. 50,000/- in cash towards the aforesaid dues within 15 days from today, the condition of pre-deposit of the dues under Section 35-F of the Act shall stand dispensed with. The writ petition, acc .....

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