( 1 ) HEARD Sri Bharat Ji Agrawal along with Sri Pankaj Bhatia, learned Counsel for the petitioners and Sri Subodh Kumar, learned Counsel for the respondents.

( 2 ) BRIEF facts necessary for adjudication of the present writ petition are that the petitioner is a company duly registered under the Companies Act and engaged in the manufacturing of soft drinks falling under Chapter XXII of the Central Excise Tariff Act, 1985. The respondent No. 2 i. e. Additional Commissioner (Central Excise) issued a notice on 2-6-1999 demanding excise duty along with interest and mandatory penalty and intended to levy a penalty under Rule 209a of the Central Excise Rules, 1944 on the petitioners nos. 2, 3 and 4. After hearing the petitioners, the respondent No. 2 passed an order on 26-12-2001 thereby imposing duty of Rs. 14,02,900/along with interest as provided under Section 11ab of the Central Excise Act in short called act 1944 and further penalty amounting to Rs. 14,02,900/- purported to be under Section 11ac of the act read with Rule 173q of the said Rules.

( 3 ) BEING aggrieved against the above order, the petitioners preferred an appeal Under Section 35 of the act along with an