- (1.) Heard learned counsel for the petitioner and also the learned Standing Counsel appearing from the Respondents.
(2.) The petitioner seeks quashing of the notice dated 17-11-1994 issued by the Asstt. Collector, Central Excise for recovery and also for direction to the appellate authority namely Collector (Appeals) for deciding the appeal and Stay/Waiver Application.
(3.) The short question raised in this writ petition is that even though the petitioner moved an application for stay/waiver alongwith the appeal before the appellate authority namely Collector (Appeals), Ghaziabad and having heard the matter on 3-10-1994, yet the recovery authority namely Respondent No. 3 is proceeding to recover the amount against which the appeal has been preferred.;