1999 (9) TMI 90

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..... ng the order dated 26-4-1999, whereby the Commissioner of Central Excise (Appeals) declined to modify the interim order, as prayed for by the appellant. The aforesaid writ petition was dismissed by the High Court observing thus :- "In the absence of any specific averments in respect of the amount paid on account of the demand raised by the Excise authorities and no factual disclosure regarding th .....

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..... y, when this appeal was taken up for hearing, learned Attorney General appearing for the respondents stated, that no counter affidavit is required to be filed and the respondents have no objection if the matter is sent back to the High Court for deciding the writ petition on merits expeditiously. In view of the statement made by the learned Attorney General, we set aside the judgment and order und .....

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