ORDER

1. THE ISSUE IN THIS APPEAL AND IN SEVERAL OTHER APPEALS IS WHETHER THE PREDEPOSIT MADE AS A PRECONDITION FOR THE HEARING THE OF THE APPEAL UNDER THE CENTRAL EXCISE TARIFF ACT, 1985 WAS, ON THE ASSESSEE BEING ULTIMATELY SUCCESSFUL, REFUNDABLE TO THE ASSESSEE WITH, INTEREST. THE LEARNED SOLICITOR GENERAL HAS TAKEN INSTRUCTIONS AND HAS STATED BEFORE THIS COURT THAT THE CENTRAL BOARD OF EXCISE AND CUSTOMS PROPOSES TO ISSUE A CIRCULAR IN CONNECTION WITH THE PAYMENT OF INTEREST ON AL1SIRCHPREDEPOSITS A DRAFT COPY OF THE PROPOSED CIRCULAR HAS BEEN HANDED OVER TO THIS COURT. HAVING REGARD TO THE CONTENTS OF THE DRAFT CIRCULAR WE DIRECT COMPLIANCE WITH THE FINAL ORDER IMPUGNED BEFORE US AND PAYMENT OF INTEREST IN TERMS OF THE DRAFT CIRCULAR. THE DRAFT CIRCULAR SHALL BE APPENDED TO AND THE CONTENTS FORM PART, OF THIS ORDER. THE APPEAL IS DISPOSED OF. IN VIEW OF THIS ORDER ANY JUDGMENT OF ANY HIGH COURT HOLDING TO THE CONTRARY WILL NO LONGER BE GOOD LAW.

2. DELAY CONDONED. LEAVE GRANTED. FOLLOWING THE ORDER IN CA NO. 4443 OF 2003 THE APPEAL IS DISPOSED OF BY DIRECTING PAYMENT OF INTEREST ON THE DEPOSIT IN TERMS OF THE IMPUGNED ORDER AND THE DRAFT CIRCULAR HANDED OVER TO THE COURT BY THE