- (1.) There will be an order in terms of prayer (a).
(2.) With the consent of the parties the appeal is treated as on day's list and the appeal and the application for stay are disposed of together.
(3.) In the appeal filed under the Central Excise Act, 1944 by appellant before the Respondent No. 4, an application was made under Section 35F of the Act for waiver of the pre-deposit and the amount of duty and penalty etc. The Respondent No. 4 passed an order on 24-10-1997 whereby, in exercise of the power under Section 35F of the Act directed the appellants to pay an amount of Rs. 50 lacs within a period of three months from the date of passing of the order. Aggrieved the appellants came up to this Court by filing Writ Application under Article 226 of the Constitution of India. The learned Single Judge vide his judgment dated 26th March, 1998 refused to interfere with the aforesaid order of the Respondent No. 4 but extended the period by further three months to make the deposit of Rs. 50 lacs. It is against this judgment that the present appeal under Clause 15 of the Letters Patent has been preferred by the appellants.;