Ald Automotive Private Limited v. Union Of India & ORS.

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1565/2016 & CM APPL. 31779/2018 ALD AUTOMOTIVE PRIVATE LIMITED ..... Petitioner Through:

Mr. Balbir Singh, Sr. Advocate with Mr. Nakul Mohta and Mr. Lalit Mohan, Advocates versus UNION OF INDIA & ORS.

..... Respondents Through:

Mr. Dev. P. Bhardwaj, CGSC for R-1 Mr. Satyakam, ASC, GNCTD for R-2 Mr. Amit Bansal and Ms. Seema Dolo, Advocates for R-3.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 08.08.2018 Learned counsel for the petitioner seeks liberty to withdraw the writ petition but requests that the initial bank guarantee furnished to the extent of 10% of the determined liability should be allowed to continue during the pendency of the appeal. This aspect shall be considered by the Customs Excise and Service Tax Appellate Tribunal (CESTAT) in the petitioner's appeal, if filed within two weeks, and appropriate orders made in this regard before considering the main appeal and its merits.

The Court is of the opinion that the Tribunal should decide the

merits of the issues urged by the parties, unhindered by the issue of limitation, if any, which might arise.

The writ petition is therefore dismissed as withdrawn in the above terms along with all the pending applications. The next date of hearing stands cancelled.

S. RAVINDRA BHAT, J A. K. CHAWLA, J AUGUST 08, 2018 nn