JUDGMENT M.C. Agarwal, J.
1. By this petition under Article 226 of the Constitution of India, the petitioner challenges the orders dated 28.12.1995 and 11.3.1996 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal Nos. E/1130-1133/95-NB and E/1132-1133/95-NB respectively under the proviso of Section 35F of the Central Excises and Salt Act, 1944.
2. When the petition first came up before this Court on 30th of April, 1996 it was ordered as under:
However, it is provided in the meantime that if the petitioner furnishes security other than cash and bank guarantee in respect of the amount of predeposit directed by the learned Tribunal vide order dated 28.12.1995 the latter shall accept the same and proceed to hear and decide the appeals No. E/1130-1132/95-NB expeditiously so that justice may not be denied to the petitioner for want of available fund to satisfy the condition of pre-deposit.
3. The learned Standing Counsel for the respondents was granted two weeks time to file counter affidavit vide order dated 30th April, 1996. Since then no counter affidavit has been filed. No one is present for the Union of India in. spite of the name of the counsel Shri U.N. Sharma and Sri Shishir Sharma being printed in the cause list.
4. On 7.4.1997 the learned Counsel for the petitioner was asked to intimate as to whether after the aforesaid order dated 30th of April, 1996, appeal Nos. 1130 and 1132 of 1995 have been disposed of. He is unable to make any statement about it but states that the petitioner had complied with the said order and furnished security as directed by this Court.
5. I have heard Shri Rajesh Kumar, learned Counsel for the petitioner, and in my view the petitioner having furnished security in pursuance of the order dated 30th April, 1996 and this Court having ordered and directed the Tribunal to hear and decide the appeals, nothing further requires to be done in the writ petition. The same is, accordingly, hereby disposed of affirming the aforesaid order dated 30th April, 1996. Parties will bear their own costs.