The High Court rejected the writ petition as not maintainable due to the existence of an alternate statutory remedy, extending an interim order lastly granted.
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 NAGPUR BENCH, NAGPUR
Writ Petition No. 08 of 2015
M/s Leben Laboratories Private Limited vs. Commissioner of Central Excise, Customs and Service Tax, Wardha and others.
Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders.
Mr. S.V.Bhutada, Adv. for the petitioner. Mr. S.K.Mishra, Sr. Standing Counsel for respondents.
CORAM: B.R.GAVAI & MRS. MRIDULA R. BHATKAR,JJ DATE : 23.1.2015
Heard. Mr. S.V.Bhutada, learned counsel for the
petitioner and Mr. S.K.Mishra, Sr. Standing Counsel for the Central Excise Department.
Mr. S.K.Mishra, the learned Sr. Standing Counsel
for the Central Excise Department states that the appeal would lie under Section 35 (2) against the impugned order. He, therefore, submits that since the petitioner has alternate remedy, the petition would not be tenable.
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We, therefore, reject the petition on the ground of
availability of alternate remedy. However, in order to enable the petitioner to take recourse of alternate remedy available in law, interim order granted stands extended for the period of two weeks.
JUDGE JUDGE patle
1 issue framed by the court
Whether the writ petition is maintainable in view of the availability of an alternate statutory remedy under Section 35(2).
M/s Leben Laboratories Private Limited
Commissioner of Central Excise, Customs and Service Tax, Wardha
B.R.GAVAI
MRS. MRIDULA R. BHATKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
