JUDGMENT - DAGA V.C., J.:---This petition is directed against the order dated 1st October, 2002 passed by the second respondent (Exhibit-C) forfeiting the facility of payment of duty allowed on fortnightly basis under Rule 8(4) 2001 of the Central Excise Rules, 2001 (the 'Rule' for short) framed in exercise of the powers conferred under section 37 of the claimed under the provisions of the Central Excise Act, 1944 (the 'Act' for short).

FACTS

2. The petitioner is a private limited company engaged in the business of manufacturing steel wire, having its factory at Anandnagar, M.I.D.C., Ambernath (Maharashtra). The product manufactured by the petitioners attracts payment of excise duty under the provisions of the Act. The petitioners were enjoying facility of payment of duty on fortnightly basis under Rule 8(4) of the Rules. The relevant Rule 8 reads as under :---

"(1) The duty on the goods removed from the factory or the warehouse during the first fortnight of the month shall be paid by the 20th of that month and the duty on the goods removed from the factory or the warehouse during the second fortnight of the month shall be paid by the 5th of the following months:

Provided that in the

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