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2000 Supreme(Mad) 953

P.SATHASIVAM
Madras Steel Re-Rollers Association – Appellant
Versus
Union of India – Respondent


Appearing Advocates:A.L. Somayaji, C. Natarajan, Arvind P. Dattar, Mrs. Pushpa Seetharaman, K. Veeraraghavan, Advocates.

Judgment :-

The Order of the Court is as follows :-

W.P. No. 14672/97 is filed by Madras Steel Re-rollers Association. Other writ petitions are filed by individual companies. Both the Steel Re-rollers Association and the individual companies have approached this Court to issue a writ of declaration to declare Rule 5 of Hot Re-rolling Steel Mills Annual Capacity Determination (Amendment) Rules, 1997, inserted by Notification No. 45/97-Central Excise (NT), dated 30-8-1997, as ultra vires and contrary to Section 3A of the Central Excise Act, 1944 and to sub-rule (3) of the said Rules. Tamil Nadu Steel Re-rollers Council has filed similar writ petition, namely, W.P. 167 of 1998 seeking similar prayer. Petitioners in W.P. 18792 of 1997 and in W.P. No. 2992 of 2000 question the consequential orders passed by the authorities pursuant to Rule 5 of the Rules referred to above. The petitioners in W.P. No. 17899 of 1997 and 18253 of 1997 challenge the Notification Nos. 27/97 and 33/97, respectively.

2. On the basis of the various averments made in the affidavit as well as contentions, this Court has granted interim injunction and stay as claimed by the petitioners. Aggrieved by the interim orde














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