The High Court held that an appeal under Section 35G of the Central Excise Act, 1944 arising from a dispute at Nagpur must be heard by the Nagpur Bench. The registry was directed to transfer the papers to the Nagpur Bench.
Registry directed to transfer the papers and proceedings to the Nagpur Bench.
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.
4-18-CEXA-13=.doc
Uday S. Jagtap
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
CENTRAL EXCISE APPEAL NO. 4 OF 2018
Unitech Power Transmission Ltd. .. Appellant
v/s.
Commissioner of Customs and Central Excise, Nagpur ..Respondent
Mr. Jas Sanghavi I/b PDS Legal for the appellant Mr. Swapnil Bangur for the respondent
CORAM : M.S. SANKLECHA & RIYAZ I. CHAGLA, J.J. DATED : 22nd OCTOBER, 2018.
P.C.
1 of 2
4-18-CEXA-13=.doc
Uday S. Jagtap
relates to and arise out of dispute originating at Nagpur inasmuch as the order in original is also been passed in the districts allocated to the Nagpur Bench of this Court, then the appeal under Section 35G of the Act is to be filed and heard by the Nagpur Bench of this Court.
(RIYAZ I. CHAGLA, J.)
(M.S. SANKLECHA, J.)
2 of 2
3 issues framed by the court
Whether the appeal under Section 35G of the Central Excise Act, 1944 should be heard by the Mumbai Bench or the Nagpur Bench given the origin of the dispute.
Whether the registry should transfer the proceedings relating to this appeal to the Nagpur Bench of this Court.
Which Judicial Bench has territorial jurisdiction over an appeal originating from a dispute allocated to the Nagpur Bench.
Colour shows how this judgement treated each authority
Indorama Synthetics (I) Ltd. Vs. The Commissioner of Central Excise and Customs, NagpurReferred¶12
Indorama Synthetics (I) Ltd. Vs. The Commissioner of Central Excise and Customs, Nagpur (Customs Appeal No.105 of 2017)
1 provisions across 1 enactments
Unitech Power Transmission Ltd.
Commissioner of Customs and Central Excise, Nagpur
M.S. Sanklecha
Riyaz I. Chagla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
