Vinod Kumar Gupta, J. - (1.) The point involved in this petition is very short. The parties are agreed that the writ petition along with application for stay may be taken up for final disposal and the same are disposed of without any affidavit in opposition being filed thereto. However, the respondents do not admit any of the allegations in the writ application.
(2.) The point for consideration is the right of the petitioner to file appeal against the order dated 17-1-1991 passed by the Additional Collector (P & V) of Central Excise, Calcutta-II Collectorate. The petitioner's grievance is that it had been prevented all along from filing the appeal because of the non-communication of the order from the Additional Collector to the petitioner. The grievance also is that since the petitioner could not get certified copy of the order dated 17-1-1991, it could not prefer an appeal because the Rules cast an obligation for every intending appellant to file the memorandum of appeal along with certified copy of the order sought to be appealed against.
(3.) After hearing the learned Advocates appearing for the parties and upon consideration of all aspects of the matter, I dispose of the writ application and pass the following order: Within one week from today it shall be open to the petitioner to make an application to the appropriate authority for obtaining certified/attested copy of the order dated 17-1-1991. Within one week thereafter the appropriate authority to whom such application is made shall issue the petitioner the certified/attested copy of the said order upon payment of the requisite fees, if any, and completion of other formalities, if required. Within two weeks from the date of receipt of the certified/attested copy of the order dated 17-1-1991 the petitioner shall be at liberty to prefer an appeal against the order dated 17-1-1991 to the appropriate appellate forum along with the application for condonation of delay in filing the appeal and for stay of recovery of the amount in question.;