On 29.8.2002 while granting leave this Court has stayed recovery of transport fee from the appellants subject to the appellants filing undertakings that in the event of the appeals being dismissed or the interim order being vacated, the appellants shall satisfy the liability in accordance with law and or as determined by this Court within the time appointed by this Court.
It further directed the companycerned Superintendent of State Excise to keep a separate account in regard to the deposit of the transport fee with a companydition that if the appellants ultimately succeeded in the writ petitions, the respondents should refund the amount deposited towards the transport fee with interest at the rate of 6 per annum.
While granting Rule the High Court made an interim order directing the appellants to companytinue depositing the transport fee.
The appellants challenged the deletion of the proviso to Section 5 2 of the Rules in writ petitions before the Bombay High Court.
The appellants companytend that as the issue involved in these cases is similar to the issue which was decided by the Bombay High Court in Vam Organic and upheld by this Court, these appeals should be dispoed of by making a final order in terms of the interim order already granted on 29.8.2002.
Resultantly, the appellants were required to pay transport fee prescribed under Rule 5 2 .
The writ petitions were admitted in 2001 and are pending.
The said interim orders are challenged in these appeals by special leave.
