M.Katju, J. - (1.) Heard learned counsel for petitioner and learned counsel for respondents.
(2.) The petitioners have prayed for a mandamus directing the CEGAT, New Delhi to decide their appeal without insisting on any pre-deposit of the central excise duty assessed and to stay the recovery proceedings during the pendency of the appeal.
(3.) It appears that petitioner has filed an appeal before the CEGAT, which is pending, and the CEGAT has passed an order dated 5.10.2001 Annexure-3 to the writ petition, by which M/s. Sameer Ispat, of which petitioners claim to be Directors, was directed to make pre-deposit of Rs. 40 lakhs towards the duty liability, and Appellant No. 2 Harish Kumar Chhabra (who is petitioner No. 1 in this writ petition) was directed to deposit 5 lakhs, and Appellant No. 3 Praveen Kumar Arora (who is petitioner No. 2 in this writ petition) to deposit Rs. 50,000.00. All these deposits were to be made within twelve weeks from the date of the order dated 5.10.2001. On making these deposits the entire penalty amount of the Company and balance penalty amount of the petitioners would stand waived and recovery stayed till the disposal of the appeals.;