S.K. Sen, C.J. - (1.) Heard Shri A.P. Mathur learned Counsel for the petitioner and Shri S.P. Kesarwani learned Standing Counsel for respondents.
(2.) In the instant writ petition the petitioner has prayed for the following reliefs: (i) issue a writ of certiorari quashing the order dated 27.7.99 served on 6.8.99 read with order dated Nil March 1997 passed on the modification application of stay and stay cum waiver application by the Hon'ble Customs, Excise & Gold (Control) Appellate Tribunal, (ii) issue any other writ, order or direction in the nature of mandamus directing the Hon'ble Tribunal Mumbai to decide the Appeal No. C/2/R/97 Bom filed by the petitioners without insisting on any pre-deposit within a stipulated period and further to say [stay] the recovery proceedings till the disposal of the Appeal. (iii) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. (iv) and to award the cost of this petition to the petitioners.
(3.) It appears from the relief claimed in the writ petition that the petitioner seeks to challenge the order passed on the application for modification of stay and stay cum waiver application by the Customs, Excise & Gold (Control) Appellate Tribunal, Mumbai. A further prayer has been made by the writ petitioner for a direction upon the Tribunal which is situated at Mumbai to decide the Appeal No. 642-1997 filed by the petitioner without insisting on any pre-deposit within a stipulated period and further to stay recovery proceedings till the disposal of the appeal.;