LAKSHMANAN, CJ. - (1.) MR. Bharat Vyas, Standing counsel for Union of India accepts notice as directed by this Court.
(2.) THIS writ petition has been filed to set aside the order dated 25. 4. 2001 with a prayer to direct the respondent not to auction the assets of the petitioner concern. A further prayer was also made to permit the petitioner to pay the instalments within three years. According to the learned counsel for the petitioner, they had prepared a comparative chart for instalment of period of 1 year and 3 years which comes to Rs. 3,16,752/- and Rs. 1,21,622/- per month respectively. It is stated that if three years' time is given, the petitioner would conveniently cleared off, all the outstanding dues without any difficulty. The respondent No. 2 passed the order dated 25. 04. 2001 directing the petitioner to deposit Rs. 10 lacs on or before 27. 4. 2001 and remaining amount was to be paid in 11 monthly instalments including interest. It is stated that in order to avoid the sale of property, the petitioner has deposited Rs. 10 lacs and requested the authorities not to auction as the petitioner would pay the remaining amount in instalments. But, the respondent has refused the same. It is submitted by the learned Advocate General that if the petitioner is not given three years time to pay the amounts due in instalments it would be impossible for the petitioner company to make the payment of Rs. 31 lacks in a year's time. Learned Advocate General further submits that the petitioner company has employed more than 100 employees in a Miin Cement Plant situated in backward area and in case the instalments are not fixed for 3 years to pay the amounts due, the company would face serious financial implications and the company would have to close down the industry. It is also stated that since the cement industry in already facing stiff competition and recession, therefore, liberty of easy instalments to pay the outstanding amount, shold be given.
(3.) LEARNED Advocate General to support his contention that three years time be granted to pay all the outstanding, placed before us a Departmental Clarification, placing strong reliance upon it which is in regard to Govt. dues-Payment in instalments which stipulates that - "instructions contained in F. No. 289/10/91-CX. 9, dated 18. 3. 1991, under which the Government delegated to Principal Collectors (now Chief Commissioners), the power to grant in individual case, the facility of payment of central Excise dues in upto 12 monthly instalments, on merits. The Government have, now decided to further delegate the power to grant facility of payment of Central Excise dues upto 36 monthly instalments, on merits, to Commissioners of Central Excise, subject to payment of statutory rate of interest as provided for under Sec. 11-AA of the Central Excise Act, 1944 read with Notification No. 21/95 dated 29. 5. 95. " The request of the petitioner was opposed by Shri Bharat Vyas, counsel appearing for the Union of India and he submits that when the Authorities have exercised their discretion and granted monthly instalments, this Court should not interfere with such an order and that the order passed by the Authorities granting 11 months time is just and proper and therefore, no interference is called upon. We have given our anxious consideration to the request made by the learned Advocate General. The respondents have passed the order granting 11 months time while exercising their discretion to pay the entire balance amount including interest, which, in our opinion, appears to be reasonable, but, in the interest of justice, looking to the fact that the respondents are charging interest on the balance amount also at the rate of 21% per annum, which is the rate mentioned in Sec. 11-AA, so, if the number of instalments is increased, the respondent, in our opinion, would not be put to any inconvenience or hardship. ;