POWER OF THE HIGH COURT

DON BOSCO Proprietor of DON As (Querist) 06 April 2009 This query is : Resolved
We have received a showcause notice from Central Excise on december 2007 and due to our company management problem we have not replied anything and also the department issued a order in original. after that there is no communication with the department and now the department wake up after more than one year and coming for a recovery process.

My query is whether the High Court have power to issue the stay against the order in original? the time period of 30 day is prescribed in the Excise Act.

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Tribhuwan Pandey (Expert) 06 April 2009
High court has power under Article 226 of the Constitution of India to stay recovery citation.

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Guest (Expert) 06 April 2009
Yes. The High Court under writ jurisdiction (Article 226) of the Constitution of India has a power to stay the recovery proceedings, if the valid grounds are shown that why the department's order is illegal and unjustified. It may also please be seen that there is no appellate forum to challenge the order you are impugning.

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M. PIRAVI PERUMAL (Expert) 06 April 2009
Yes definitely the High Court has powers to stay the recovery proceedings on Writ Proceedings.

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Ashey (Expert) 06 April 2009
Yes. The High Court under writ jurisdiction has a power to stay the recovery proceedings, if the valid grounds are shown that why the department's order is illegal and unjustified. It may also please be seen that there is no appellate forum to challenge the order you are impugning and any other alternative remedy

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Uma parameswaran (Expert) 06 April 2009
Yes .High Court has the powere to issue stay against the order you have received from Central Excise.

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adv. rajeev ( rajoo ) (Expert) 06 April 2009
Yes High Cout has the jurisdiction and got power to issue stay order aginst central excise.

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A. A. JOSE (Expert) 06 April 2009
Yes indeed, high courts have jurisdiction.

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Kiran Kumar (Expert) 06 April 2009
yes high court has power but pls refer to the primary remedies available also.

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DON BOSCO Proprietor of DON As (Querist) 06 April 2009
Dear Sweet members thank you for your valuable answers and also i am thanking you for spending your precious time for my query. I have filed a WP before the HC and the stay is still pending. And one more thing this issue has been found by me only (As a consultant) by mistake i asked the department and they started scolding us but we did not receive any letter from the department till date except oral pressure.

Hiralal Das (Expert) 07 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.

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