M/S. Jaiprakash Gayatri Projects Ltd. (Jv) v. The Commissioner Of Central Excise

[ 348s ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TV\IENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO CENTRAL EXCISE APPEALS NO: 4 OF 2014 Appeal under Section 35-G of the Central Excise Act, 1944 as made applicable to Service Tax under section 83 of the Finance Act of 1994 against the order and directions dated 01.01.2014 on the file of the Customs, Excise And Service Tax Appellate Tribunal, Southern Region, in Stay Application No. ST/STAY/2538212013 in Service Tax Appeal No. 5T/25302/2013 in Service Tax Appeal No. ST 12003212013.

Betrveen:

M/s. Jaiprakash Gayatri Projects Ltd. (JV), 6-3-1090, B-1 TSR Towers, Rajbhavan Road, Somajiguda, Hyderabad 500 082 ofA.P. ...APPELLANT AND The Commissioner of Central Excise, Customs & Service Tax, Hyderabad-ll Commissionerate Lal Bahadur Stadium Road, Bastreerbagh, Hyderabad 500 004.

...RESPONDENT l.A. NO: 1 OF 20141CEAI'/iP. NO: 17 OF 2014) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support oI the petition, the High Court may be pleased Stay all further proceedings of the respoMent Commissioner Hyderabad-ll Commissionerate vide order dated 29.10.2012 vide No.3212O12Adjn(STXCommr.)by suspending the condition requiring the petitioner to make pre-deposit of Rs.85,20,0001 along with interest thereon vide order dated

01.01.2014 passed in Stay Application No. ST/Stay/2538'.12013 in Service Tax Appeal No. 5T12530212013 of the Customs Excise & [ ervice Tax Appellate Tribunal, South Zone Bench, Bangalore vide Misc Order t\< .2003212014 l.A. NO: 2OF 20141CEAMP. NO: 182 OF 2014) Petition under Section 151 CPC praying that in thr: circumstances stated in the affidavit filed in support of the petition, the High ( ourt may be pleased expedite the hearing of the Central Excise Appal by fixing a I early date. Counsel for the Appellant: Ms. K. Sai Priyadarshini rep. Sir P. Sri Ram Counsel for the Respondent: Sri A. Rama Krishna Reddy ( SC for CBEC) The Court delivered the following: JUDGMENT

THE HONOURABLE SR] JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE SUDDALA CTIALAPATHI RAO CENTRAL EXCISE APPEAL No.4 of 2014 JUDGMENT: (per Hon'ble Sri Jusrice P.Sam Koshy) Ms.K.Sai Priyadarshini, leamed counsel representing Sri P.Sri Ram, learned counsel for the appellant, submits that pending the present appeal before this Court, the original appeal before the Customs, Excise and Service Tax Appellate Tribunal, Regional Bench at Hyderabad has been finally decided and as such nothing further remains to be adjudicated in the present appeal.

2.

In view of the same, the appeal is dismissed as having become infructuous. I-here shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

SD/- MOHD.ISMAL DEPUTY REGISTRAR //TRUE COPY// TION OFF]CER To,

1. The Customs, Excise and Service Tax Appellate Tribunal, Southern Region

2. The customs Excise & service Tax Appelrate Tribunar, south Zone Bench, Bangalore

3. One CC to Sri P. Sri Ram, Advocate [OPUC]

4. One CC to Sri A. Rama Krishna Reddy, (SC FOR CBEC) IOPUCI

5. Two CD Copies ty

, HIGH COURT DATED: 05lOBl2O25 j.i l{E SIe o (J i 2 JAN 2026 .)-^ .j.l i, :'

JUDGMENT

, CEA.No.4 ot 2014 DISMISSING THE CEA AS HAVING BECOME INFRUCTUOUS yt/