1. The petition is for a direction to the second respondent to state the case and to refer to this Court the questions of law raised by the petitioner in Para.17 of the petition as follows:

1. Whether, on the facts and in the circumstances of the case, is not the exparte order under appeal liable to be set aside and the appellant given a fresh opportunity to file his written representation to the show cause notice, as the failure to submit the written representation in time was not due to any fault on the part of the appellant, but, if at all, was the result of the fault committed by his counsel?

2. Whether, on the facts and in the circumstances of the case, is not the order under appeal bad for non-compliance with R.233 A of the Central Excise Rules, 1944 by which a duty is cast on the respondent to afford the person proceeded against a reasonable opportunity of being heard, over and above the opportunity of making a representation in writing?

3. Whether, in the facts and circumstances of the case, is not the order under appeal liable to be set aside for non-application of mind on the part of the respondent before issuing the show cause notice and the final order?

4. Wheth