This order sets aside the impugned order against the petitioner and remands the matter back to the Tribunal for de novo consideration within three months.
The impugned order set aside; matter remanded to the Tribunal for de novo consideration within 3 months.
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mgn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
CENTRAL EXCISE APPEAL NO.51 OF 2009
M/s.MCB India Pvt. Ltd.
..Petitioner
Vs.
Commissioner of Central Excise..Respondent
Mr. Prakash Shah with Mr. H.V. Mehta, for the
Petitioner.
Mr. R. Ashokan with Mr. Rajinder Kumar for the
Respondent.
CORAM : F.I. REBELLO &
D.G. KARNIK, JJ.
DATED : AUGUST 12, 2009
P.C.
Rule. Heard forthwith.
2.This appeal is in respect of order dated 17th
March, 2008. By common order 3 appeals were disposed
of.
3.Central Excise Appeal No.203 of 2008 was
preferred before this Court by M/s.Hindustan
Engineering Corporation which was one of the
appellants in Appeal No.524 of 2001. This Court by
order dated 23rd October, 2008 set aside the order and
remitted the matter back to the Tribunal for de novo
consideration and decision in accordance with law.
4.After hearing parties and considering the nature
of the relief in our opinion the order in so far as
the present appellant is concerned will also have to
be set aside. In the light of that the impugned order
in so far as the appellant is concerned is set aside.
The matter is remanded back to the Tribunal for de
novo consideration in accordance with law. Appeal
disposed of accordingly. The learned Tribunal as far
as possible to dispose of the Appeal within 3 months
from the date of receipt of the copy of this order.
(D.G. KARNIK,J.)(F.I. REBELLO,J.)
M/s. MCB India Pvt. Ltd.
Commissioner of Central Excise
F.I. Rebello
D.G. Karnik
As recorded by the court registry
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