The Madurai Bench allowed a Civil Miscellaneous Petition filed under Section 151 of the CPC to restore an appeal order dismissed for lack of prosecution, based on affidavit material.
The CMP No.1080 of 2017 was allowed and the order in CMA(MD) No.454 of 2011 was restored.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Wednesday, the Thirteenth day of September Two Thousand and Seventeen
PRESENT
The Honble Mr.Justice M.M.SUNDRESH and The Honble Mr.Justice N.SATHISH KUMAR
CMP(MD) No.1080 of 2017 IN
CMA(MD) No.454 of 2011
M/S.SRI.GANESH INDUSTRIES, 3-A, BB ROAD, SUNDARRAJAPURAM, MADURAI-11. ... PETITIONER/APPELLANT
Vs
1ST FLOOR, CHENNAI-06.
MADURAI-35. ... RESPONDENTS
Prayer in CMP(MD).No.1080/2017:-
Civil Miscellaneous Petition is filed under Section 151 of Civil Procedure Code praying this Hon'ble Court to restore the order passed in C.M.A(MD) No.454 of 2011 dated 05.10.2016 Dismissed for non prosecution.
Prayer in CMA(MD). 454/ 2011 :
Civil Miscellaneous Appeal filed under Section 35G of the Central Excise Act, 1944 against the final order No. 1801 of 2009 of CESTAT dated 24/11/2009 made in Appeal No. E/652/2003 on the file of Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Chennai.
ORDER : This petition coming on for hearing on this day, upon perusing the affidavit and material papers filed, and upon hearing the arguments of Mr.R.Saraswathi, Advocate for the Petitioner, and of Mr.R.Aravinth, Advocate for the Respondent Nos.1 and 2, this https://hcservices.ecourts.gov.in/hcservices/ Court made the following order:
Being satisfied with the reasons stated in the affidavit filed in support of the petition, this MP(MD).No.1080 of 2017 is allowed.
sd/Assistant Registrar(Co) / TRUE COPY / Sub-Assistant Registrar TO 1.THE CUSTOMS EXCISE SERVICE TAX APPELLATE TRIBUNAL, SHASTRI BHAVAN, ANNEXE BUILDING, 1ST FLOOR, CHENNAI-06. 2 THE COMMISSIONER OF CENTRAL EXCISE, MADURAI COMMISSIONERATE, BIBIKULAM, MADURAI-35. 3 THE DEPUTY COMMISSIONER, OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE, MADURAI-2. 4.THE COMMISSIONER OF CENTRAL EXCISE(APPEALS), LAL BAHADUR SHASTRI MARG, CENTRAL REVENUE BUILDINGS, MADURAI-625 002 COPY TO: THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER DATED :13/09/2017 RESTORED CMP(MD) No.1080 of 2017 IN CMA(MD) No.454 of 2011 Allowing the Petition as stated within.
AE/KP/SAR2/20.09.2017/2P/6C
1 issue framed by the court
Whether the Civil Miscellaneous Petition seeking restoration of the dismissed appeal order should be allowed.
2 provisions across 2 enactments
M/S.SRI.GANESH INDUSTRIES
THE CUSTOMS EXCISE SERVICE TAX APPELLATE TRIBUNAL
THE COMMISSIONER OF CENTRAL EXCISE, MADURAI
M.M.SUNDRESH
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
