Carestream Healthcare India Pvt. Ltd. v. The Union Of India Through The Secretary And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8833 OF 2018 Carestream Healthcare India Pvt.Ltd .. Petitioner

Versus

The Union of India Through the Secretary and ors .. Respondents ...

Mr. Sridharan, Sr. Counsel with Mr.Jas Sanghavi i/b PDS Legal fr the petitioner.

Mr.Vijay H. Kantharia with Mr.Ram Ochani for the respondents. CORAM: S.C. DHARMADHIKARI & SMT. BHARATI H.DANGRE, JJ.

DATED : 13th AUGUST 2018 P.C:- After hearing both sides, we think that we should not entertain this writ petition as the petitioner has an alternate efficacious remedy in appeal.

The Writ Petition is therefore, disposed of in the following terms :

Tilak

2/2 (18)WP-8833-18.doc (1) The petitioner prays to withdraw the petition, with permission of this Hon'ble Court, in view of alternate remedy of appeal before the Commissioner (Appeals).

(2) The impugned Order-in-Original No.111/201819 dated 24.05.2018 passed by the Respondent No.2 was received on 11.06.2018. The Petition was lodged on 30.6.2018. Appeal before the Commissioner of Customs (Appeals) is to be lodged within 60 days from the date of communication, with further 30 days condonable period under Section 128 of the Customs Act, 1962. The outer limit for filing the appeal is therefore 8.9.2018.

(3) If the Petitioner files appeal before the Commissioner (Appeals) on or before 8.09.2018, the Commissioner (Appeals) will decide the matter on merits, preferably, within two months.

(SMT. BHARATI H. DANGRE, J.) (S.C. DHARMADHIKARI, J.) by Manali Prasanna Tilak Date:

2018.08.14 15:59:46 +0530 Manali Prasanna Tilak Tilak