Writ petition disposed of where Additional Commissioner rejected Central Excise registration application without reasons. Court quashed the order and directed a reasoned order after personal hearing.
Order dated 23rd February, 2006, rejected application, quashed; to pass reasoned order after personal hearing within eight 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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.837 OF 2007
Owners Corning (I) Ltd.
..Petitioner
Vs.
Union of India & Ors.
..Respondents
Mr.Prakash Shah with Mr.Gajendra Jain i/b. M/s.PDS Legal for the Petitioner. Mr.Y.R.Mishra with Mr.Y.S.Bhate for the Respondents.
CORAM :- DR.S.RADHAKRISHNAN & J.P.DEVADHAR,JJ.
DATE : 15TH FEBRUARY,2007
P.C.
| 1. | Heard | the learned | Counsel for the | parties. | |||
|---|---|---|---|---|---|---|---|
| Rule. | Rule is |
made | returnable | fort | hwith. | The | learned |
| Counsel |
for the |
Resp |
ondents | wa | ives | service. | By |
| consent, | matter | taken | up for |
hea | ring. | The | short |
| grievance | of the |
Petition | er is |
that | the | Petition | er had |
| applied | for |
extension | of Cen |
tral | Excise | Registration | |
| as a |
Dealer | by | its | applic | ation | dated | 27th |
| December,2005. | It | seems that |
the | registration | was | ||
| valid | upto | 31st | January,2 | 006. | T | he | Additional |
| Commissioner | of | Cent | ral Excise, |
Bel | apur, | by | letter |
| dated 23r |
d Februa |
ry,2006 | has rej |
ected | the | same | without |
| assigning | any | reasons | whats | oever. | Under | these | |
| circumstances, | only | on | this lim |
ited | ground, | as | the |
| rejection | order | does | not | cont | ain | any | reason |
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| whatsoever, | we | are incli |
ned to |
quash | and | set | aside | the | |
|---|---|---|---|---|---|---|---|---|---|
| order | dated | 23rd | February,20 | 06 | and | direct | the | ||
| Additional | Commissioner | to | pass | an | appr | opriate |
reasoned order after affording an opportunity of
personal hearing to the Petitioner.
| 2. | Rule | is made ab | solute in terms of t | he above. | ||
|---|---|---|---|---|---|---|
| Needless | to | state | that the |
Additional | Commissioner | of |
| Central | Excise | shall | dispose | of the |
matter | as |
expeditiously as possible preferably within a period
of eight weeks from today.
(J.P.DEVADHAR,J.)
(DR.S.RADHAKRISHNAN,J.)
Owners Corning (I) Ltd.
Union of India
DR.S.RADHAKRISHNAN
J.P.DEVADHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
