The Bombay High Court, in a Notice of Motion, granted the petitioner's prayer to condone delay in filing the appeal against an ex parte order of the Revenue, which was not previously communicated.
Notice of motion is made absolute in terms of prayer clause (a) and the prayer of condonation of delay.
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9 NMA 627 OF 2016.doc
vks
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.627 OF 2016 IN
CENTRAL EXCISE APPEAL NO.63 OF 2016.
Windals Auto Pvt. Ltd.
.… Petitioner
V/s.
The Commissioner of Central Excise Mumbai …. Respondent
Mr. Prakash Shah a/w Mr. Jas Sanghavi I/by M/s PDS Legal, for the applicant/appellant.
Mr. Pradeep S. Jetly a/w Mr. Jitendra B. Mishra, for respondent.
CORAM : S.C. DHARMADHIKARI &
DR. SHALINI PHANSALKAR-JOSHI, J.J.
DATE : 2 nd MAY, 2016.
P.C. :
Having heard both sides and finding that the applicant is
challenging the order of Revenue as exparte order and not communicated
to them, in the peculiar circumstances, the delay is condoned. Notice of
Motion is made absolute in terms of prayer clause (a). No costs.
[DR. SHALINI PHANSALKAR-JOSHI, J.] [S.C. DHARMADHIKARI, J.]
1/1
Windals Auto Pvt. Ltd.
The Commissioner of Central Excise Mumbai
SC Dharmdhikari
Dr. Shalini Phansalkar-Joshi
As recorded by the court registry
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