Pt Petro Oxo Nusantara v. The Designated Authority & ORS.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 36.

+ W.P.(C) 2742/2016 & CM No.11524/2016 PT PETRO OXO NUSANTARA ..... Petitioner Through: Mr V. Lakshmikumaran, Mr T. D.

Satish and Mr Ankur Sharma, Advocates.

versus THE DESIGNATED AUTHORITY & ORS.

..... Respondents Through: Ms Reena Khair, Mr Rajesh Sharma and Ms Rita Jha, Advocates for R3.

Mr Ravi Prakash, CGSC with Ms Pallavi Shali, Advocates and Mr Aditya Dewan, Advocate for R1 and R2.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE VIBHU BAKHRU

O R D E R

% 02.05.2016

1. At the request of the learned counsel for the Petitioner and with the consent of the counsel for the Respondents, the petition is taken on board.

2. With the issuance of the final notification dated 29th March, 2016 by the Central government, the Court is of the view that the challenge should be raised thereto before the Central Excise Service Tax Appellate Tribunal ('CESTAT') in the first instance in accordance with law.

3. Accordingly, the writ petition and the pending application are disposed of giving liberty to the Petitioner to file an appeal before the CESTAT in accordance with law.

W.P.(C) 2742/2016 Page 1 of 2

4. The date already fixed is cancelled.

S.MURALIDHAR, J VIBHU BAKHRU, J MAY 02, 2016 pkv W.P.(C) 2742/2016 Page 2 of 2