1. Issue notice. Mr. A.P. Srinivas, learned counsel, accepts notice on behalf of the respondent. With the consent of learned counsel for the parties, the writ petition is taken up for hearing and final disposal.

2. By virtue of this writ petition, a direction is sought for quashing the recovery order, dated 28.10.2016, and for a consequential direction for consideration, of its application, dated 11.11.2016, pending before the Customs, Excise and Service Tax Appellate Tribunal (in short “CESTAT”).

3. The brief facts, which are required to be noticed for consideration of the present writ petition, are as follows:-

3.1. The petitioner was issued a show cause notice, dated 21.02.2011, for non-payment of service tax. In the show cause notice, penalty was also proposed, under Section 78 of the Act. The petitioner claims that a reply was filed, to the show cause notice, which, after consideration, led to the passing of the order-in-original, dated 10.02.2012. By virtue of this order, the demand was confirmed.

3.2. The petitioner carried the matter in appeal. The appeal was however dismissed vide order dated 29.10.2012. The petitioner, preferred a Second Appeal, to the CESTAT. The appe