to issue an order or direction or writ more so in the nature of writ of mandamus declaring the impugned notice in O C No 1081/2012 dated 28 12 2012 issued by the 1st respondent as illegal arbitrary in violation of Article 14 19 21 and 265 of Constitution of India and contrary to the provisions of the Central Excise Act 1944 and set aside the notice in O C No 10812012 dated 28 12 2012 and consequently direct the respondents not to recover the duty as determined by the 2nd respondent which is presently in appeal before the 5th respondent until the disposal of stay application of the petitioner filed before the 5th respondent