- (1.) Heard learned Counsel for the petitioner and the learned Chief Standing Counsel for the Union.
(2.) The petitioner by means of this writ petition has sought for a direction to the Collector (Appeals) to dispose of the appeal and the stay application expeditiously and further not to recover any sum towards the Excise Duty from the petitioner on the basis of orders dated 21st August, 1989 6th August, 1990 and 8th August, 1990.
(3.) The petitioner has averred in paragraph 10 of the petition that he had moved a stay application under Section 35F of the Central Excises and Salt Act, 1944, and has also moved an appeal against the aforesaid order passed against the petitioner. The Collector (Appeals) has fixed several dates for arguments and arguments were heard by the Appellate Authority in the appeal on merits. However, after conclusion of arguments the petitioner has received a notice from the said appellate authority for the said appeal being heard again on 19th June, 1991. So far, the said appeal has not yet been disposed of and is still pending for disposal. In the meantime, according to the contention of the petitioner the Inspector of Excise has been harassing the petitioner and demanding the deposit of the Central Excise duly. The department has also taken steps to recover the Duty from the petitioner by coercive measures. Hence, the petitioner has filed the present writ petition.;