M.C.Agarwal, J. - (1.) By this petition under Article 226 of the Constitution of India, the petitioner challenges an order dated 22-5-1998 passed by the Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi in Appeal No. E/1196/98-B1 by which the Tribunal in exercise of powers under the proviso to Section 35F of the Central Excise Act, 1944 directed the petitioner to deposit Rs. 3.5 lacs out of the adjudicated dues of Rs. 7,23,116/- and waived the demand for the balance.
(2.) I have heard Shri A.P. Mathur, learned Counsel for the petitioner and Sri Surya Prakash, learned Standing Counsel for the respondents.
(3.) The petitioner has preferred an appeal before the Tribunal against an order dated 26-3-1998 passed by the Commissioner, Central Excise Allahabad using the aforesaid demand.;