JUDGMENT
1. Heard learned counsel for the petitioner and Sri U.N. Sharma, Chief Standing Counsel appearing for the respondents.
2. The petitioner by means of this writ petition seeks mandamus directing the Collector, Central Excise (Appeals), Ghaziabad respondent No. 2 to dispose of ten appeals and the stay application filed by the petitioner on 22nd June, 1992 and 3rd August, 1992 respectively relating to the period November, 1990 to September, 1992 and further staying the recovery proceedings initiated against the petitioner in pursuance of the notice dated 28th July, 1992 and 2nd September, 1992. The petitioner has raised number of grounds reasserting that appeals are liable to be allowed in view of the fact that appeals for earlier years stand allowed and also in view of the principles settled by Hon’ble Supreme Court of India. However, we would not like to go into the merits of the case but we do feel that since the stay application has already been filed by the petitioner as aforesaid and since the recovery proceedings is initiated by respondent authority, we feel it proper and accordingly direct the respondent No. 2 to dispose of the petitioner’s stay application dated 3rd August, 1992 relating to the period November, 1990 to September, 1991 preferably within a period of three weeks from the date of filing of our order passed today. The petitioner will supply certified copy of our order within a period of 10 days from today and will cooperate in further proceedings and will appear on the next date fixed. Recovery proceedings in pursuance to notice dated 28th July, 1992 and 2nd September, 1992, shall be kept in abeyance and shall be subject to the order to be passed by respondent authority.
3. With the aforesaid observations, the present writ petition is disposed of.
4. A certified copy of this order may be given to the learned counsel for the parties on payment of usual charges within 24 hours.