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1991 DIGILAW 412 (ALL)

Elgin Mills Company Limited v. Collector, Central Excise

1991-03-12

B.P.JEEVAN REDDY, S.R.SINGH

body1991
JUDGMENT B.P. Jeevan Reddy, CJ. - The grievance of the petitioner in this case is that even though on an earlier occasion, this Court passed an order, on 21.6.1989, Civil Misc. Writ No. Nil of 1989 Elgin Mills Co. Ltd. Mill No. 1 Kanpur through its Secretary v. The Collector Central Excise Kanpur to the effect that the copies of the reports of Chemical Examiner and Textile Technocrat shall be furnished to the petitioner before proceeding further, it is not being complied with by the Respondents. The order dated 21.6.1989 reads as under: Heard learned Counsel for the petitioner and the learned Standing Counsel. Learned Counsel for the parties have agreed that the petition may be disposed of at the admission stage. The grievances of the petitioner is that without supplying the copies of the reports of the Chemical Examiner and the Textile Technocrat, the Collector is proceeding with the case. I direct that further proceedings in case No. V(15) off/Section 3 MPI ADJ. 16/88 shall remain stayed till the petitioner is supplied with the reports of the Chemical Examiner and the Textile Technocrat. With these directions, the writ petition is disposed of. A copy of the order be given within 24 hours. Dated 21.6.1989 Sd/- D.P.S.C. 2. The learned Standing Counsel seeks to explain that it may be that the copy of the said order was not served upon or brought to the notice of the Collector, Central Excise. 3. Having regard to the facts of the case, the writ petition is disposed of with the following directions: 4. If not already supplied, copies of the reports mentioned in the aforesaid order, shall be supplied to the petitioner, within one week from the date of production of a certified copy of this order by the petitioner before the Collector, Central Excise, Kanpur. The petitioner shall file such further explanation or objections, as he may choose, within ten days of the receipt of the said copies. Thereafter, the Collector shall consider the matter and pass orders accordingly. 5. Until the copies of the reports are supplied (in case they are not already supplied), the passing of final orders in pursuance of the show cause notice dated 4.3.1991 are stayed. 6. This order is passed on the assumption that the aforesaid two reports are in existence, as alleged by the petitioner. 7. The writ petition is disposed of accordingly. No costs.