This order deals with a Notice of Motion filed to condone delay in preferring a Central Excise Appeal. The court held that sufficient cause was made out to waive the 49-day delay and made the notice absolute.
Notice of Motion made absolute to condone delay of 49 days in filing the appeal; direction to file affidavit of service.
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nma-308-2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.308 OF 2019 IN CENTRAL EXCISE APPEAL (L)NO.225 OF 2018
| M/s. EMI Transmission Ltd., | .. (Orig. |
Applicant Appellant) |
|---|---|---|
| In the matter between | ||
| M/s. EMI Transmission Ltd., v/s. |
.. | Appellant |
| Commissioner of Central Excise, Nashik | .. | Respondent. |
Mr. R. B. Pardeshi i/b. KRP Legal, for the Applicant/Appellant.
CORAM: A.S.OKA & M.S.SANKLECHA, JJ. DATE : 15th APRIL, 2019.
P.C:-
The learned Counsel appearing for the Applicant/Appellant states that the notice has been served to the Respondent. We accept the statement. We direct that the learned Counsel appearing for the Applicant/Appellant to file affidavit of service within a period of two weeks from today.
2 In view of the averments made in the affidavit in support, sufficient cause is made out to condone the delay of 49 days in filing the Appeal.
1 of 2
S.R.JOSHI
nma-308-2019
3 Accordingly, Notice of Motion is made absolute in terms of prayer clause (a).
(M.S.SANKLECHA,J.)
(A.S.OKA,J.)
2 of 2
S.R.JOSHI
2 issues framed by the court
Whether sufficient cause was made out to condone the delay of 49 days in filing the Central Excise Appeal.
Whether the Notice of Motion to condone delay should be made absolute.
M/s. EMI Transmission Ltd.
Commissioner of Central Excise, Nashik
A.S. OKA
M.S. SANKLECHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
