The High Court dismissed a writ petition challenging a Central Excise order and the dismissal of subsequent appeals on time-bar grounds. Relying on a prior decision, the court held that the writ court cannot interfere when appeal dismissal is based on time-bar.
Writ petition dismissed with no order as to costs.
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. 3712 OF 2012
M/s. Khanapur Taluka Co-op. Shipping Mills Ltd. .. Petitioner
v/s.
The Commissioner of Central Excise, Pune-II ..Respondents
Mr.Sudhir Kumar for the Petitioner. Mr.Pradeep Jetly for the Respondent
CORAM : J.P.DEVADHAR & R.Y.GANOO, JJ. DATED : 4th JULY , 2012
P.C. :
the order in original dated 28.2.2008 passed by the Joint Commissioner, Central Excise, Pune are challenged.
PPS 1/2
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order in original suffers from serious infirmity as the same has been passed without considering relevant documents. It is further contended that although the appeal filed by the petitioner has been dismissed by the appellate authorities on the ground of time bar, the petitioner in a writ petition is entitled to challenge the correctness of the order in original.
[R.Y.GANOO, J.] [J.P.DEVADHAR, J.]
PPS
2/2
1 issue framed by the court
Whether the High Court can exercise writ jurisdiction to challenge an order dismissed for time-bar on the ground that relevant documents were not considered.
Colour shows how this judgement treated each authority
Raj Chemicals v. Union of IndiaRelied on¶4
Raj Chemicals v. Union of India (Writ Petition No. 1252 of 2011 decided on 15.3.2012)
M/s. Khanapur Taluka Co-op. Shipping Mills Ltd.
The Commissioner of Central Excise, Pune-II
J.P.DEVADHAR
R.Y.GANOO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
