Dismissed
M/S. Khanapur Taluka Co-Op. Spinning Mills Ltd, v. the Commissioner Central Excise
Bombay HCWP/3712/2012
Case brief
from the order text
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COURT OF JUDICATURE AT BOMBAY CIVIL…
What the court decided
AI extract
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1
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
2
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
2 issues framed by the court
Whether this court can entertain a writ petition challenging an order made assuming an appeal filed against it is time barred
Whether the strict rule in Raj Chemicals barring writ jurisdiction can be relaxed
Colour shows how this judgement treated each authority
Raj Chemicals v. Union of IndiaFollowed¶17
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. Devedhar
R.Y. Ganoo
As recorded by the court registry
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