R.B.Misra, J. - (1.) In this writ petition the petitioner has prayed for quashing the order dated 12th April, 2002 passed by the Commissioner (Appeals), Customs and Central Excise, Ghaziabad in respect of the order dated 30th September, 2001 of Deputy Commissioner passed in Order-in-Original No. 36 of 2001 (Annexure No. 1) in so far it relates to the deposit of 50 per cent of the demand. It has been further prayed for erection to dispense with the requirement of pre-deposit of any amount under Section 35F of the Central Excise Act in short 'Act' and further direction to hear and decide the appeal of the petitioner on merits without imposing any pre-condition on pre-deposit of any amount under Section 35F of the Act.
(2.) Heard Sri Bharat Ji Agrawal and Sri Tarun Agarwala, learned Counsel for the petitioner and Sri Ajit Kumar Singh, learned Standing Counsel.
(3.) By consent of the parties, the writ petition are decided at this stage under Proviso Second to Rule II of Chapter XXII of Allahabad High Court Rules.;