HOOGHLY MILLS COMPANY LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) In the instant writ application,, the petitioners have challenged an order dated 22nd April, 1998 passed by the Commissioner of Central Excise (Appeals) disposing of the stay application directing the petitioners to deposit a sum of Rs. 10 lakhs for both the cases within 10 days from the date of receipt of the order as also the order dated 8th May, 1997 rejecting the application of the petitioner to modify the demand order passed by the Superintendent, Central Excise, Range-Ill, Howrah West Division.

(2.) Admitted the present petitioners have filed two appeals along with two stay applications before the Commissioner of Central Excise (Appeals), Calcutta, against the two orders of adjudication both dated 8th May, 1997, the petitioners prayed for exemption of such pre-deposit, inter alia, on the ground that the company's financial position is not sound and also on the ground that he has a strong prima facie case.

(3.) By the first impugned order dated 28th November, 1997 the company has been, directed to deposit a sum of Rs. 10 lakhs out of the disputed amount of Rs. l7,43,395/- and by the Second impugned order the petitioners' prayer for modification of the same has been rejected.