Petitioner challenged an order imposing pre-deposit. Court quashed the initial dismissal due to pre-deposit and restored the appeal, allowing compliance with a 25% pre-deposit condition within two weeks.
Quashed the order of 14 Dec 2006; restored appeal subject to 25% pre-deposit within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARYORIGINAL CIVIL JURISDICTION
WRIT PETITON NO.3142 OF 2006
Crompton Greaves Ltd. ..Petitioner.
V/s.
Union of India & Ors. ..Respondents.
Mr.Aditya Chitale for petitioner.
Mr.Y.S.Bhate with D.A. Dube for respondents.
CORAM : DR. S.RADHAKRISHNAN AND
J.P.DEVADHAR, JJ.
DATED : 6TH FEBRUARY, 2007.
P.C. :-
. Rule, returnable forthwith. Learned counsel
for the respondents waives service. By consent of the
parties taken up for final hearing.
2. By this petition, the petitioner is
challenging the order dated 31st October, 2006 passed
by the Commissioner of Central Excise (Appeals)
directing the petitioner to make a pre-deposit of 25%
amount of the excise demand.
3. It appears that the petitioner had lodged
this petition on 15th December, 2006. However, it
appears that on 14th December, 2006 the Commissioner of
Central Excise (Appeals) had dismissed the appeal of
- = : 2 : = -
the petitioner on the ground of non compliance of the
aforesaid order of pre-deposit.
4. The learned counsel for the petitioner
states that petitioner will comply with the order dated
31st October, 2006 by depositing 25% of the pre-deposit
amount within a period of two weeks from today with the
Commissioner of Central Excise (Appeals).
5. In view of the aforesaid statement, we quash
and set aside the order dated 14th December, 2006 and
restore the appeal on the file of Commissioner of
Central Excise (Appeals) subject to the condition of
deposit of the aforesaid pre-deposit of 25% amount
within a period of two weeks from today, failing which
the order passed by the Commissioner of Central Excise
(Appeals) dated 14th December, 2006 will stand revived.
6. Petition stands disposed of and rule is made
absolute in above terms.
(DR.S.RADHAKRISHNAN, J.)
(J.P. DEVADHAR, J.)
Crompton Greaves Ltd.
Union of India
S. RADHAKRISHNAN
J. P. DEVA DHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court