Ajay Biotech (India) Limited v. The Commissioner Of Central Excise, Pune-Iii

dssherla 19-cexa-38-19.format.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO. 38 OF 2019 Ajay Biotech (India) Limited .. Appellant vs.

The Commissioner of Central Exicse, Pune-III .. Respondent.

Mr. D.H. Nadkarni and C.S. Biradar i/b Legal Solutions for the Appellant.

Mr. Karan Adik i/b Ms Maya Majumdar for the Respondent.

CORAM:

M.S. SANKLECHA, J.

AND M.S.SONAK, J.

DATE :

17 JUNE 2019.

P.C.:

1] Mr. Nadkarni, learned counsel in support of the appeal, seeks to withdraw the appeal with liberty to file a Rectification Application before the Tribunal.

2] Liberty as prayed for is granted. However, we make it clear that grant of liberty would not be construed to hold that the Rectification Application to be filed by the appellant is maintainable on merits as well as on limitation. It would be appropriate for the Tribunal to decide the Rectification Application, if filed before it, in accordance with law. 3] Appeal is disposed of as withdrawn.

(M.S.SONAK, J.) (M.S.SANKLECHA, J.)