Optho Remedies (P) Ltd. vs Union Of India (Uoi) And Ors.

ORDER

1. Having heard counsel for the petitioner, we are not prima facie satisfied that the order impugned by this writ petition rejecting the stay application suffers from any error apparent on the face of the record. The ground to stay or not to do so is a matter of discretion and discretion unless arbitrarily exercised cannot be interfered under Article 226 of the Constitution. However, in the interest of justice we direct the petitioner to pay the amount of Central excise duty within a period of one month. If the amount is paid within this period, the appeal would not be dismissed on the ground of non-payment of central excise duty.

2. Subject to the above, the writ petition is dismissed. Stay order is vacated.