Venkateshwara Hatcheries Private Limited v. The Commissioner Of Central Excise, Pune Iii

19-NMA-270-18.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 270 OF 2018 IN CENTRAL EXCISE APPEAL (L) NO. 129 OF 2017 Venkateshwara Hatcheries Private Limited ...Applicant/ Appellant

Versus

The Commissioner of Central Excise, Pune III

...Respondent

---------- Mr. Chirag Shetty, i/by Economic Laws Practice, for the Applicant/Appellant.

Mr. Sham Walve, a/w Mr. Ram Ochani, for the Respondent. ---------- CORAM :

M.S. SANKLECHA & RIYAZ I. CHAGLA, JJ.

Sharayu Pandurang Khot by Sharayu Pandurang Khot Date:

2018.09.01 17:00:01 +1200 DATE : 30 August 2018 ORDER :

1.

This Motion has been taken out for condonation of 1 / 2 August 30, 2018

19-NMA-270-18.doc 199 days delay in filing the Appeal from the impugned Order dated 21st October 2016 passed by the Customs, Excise & Service Tax Appellate Tribunal.

2.

We have perused the Affidavit of Shri. Balu Gaikwad dated 3rd March 2018 in support of the Motion and note that the delay took place on account of the fact that the Applicant was prosecuting a rectification Application before the Tribunal in respect of the impugned order dated 21 October 2016. 3.

In the above view, Shri. Walve, the learned Counsel appearing for the Respondent-Revenue does not object to the condonation of delay.

4.

Accordingly, Notice of Motion is allowed in terms of prayer clause (a).

[RIYAZ I. CHAGLA J.] [M.S. SANKLECHA, J.] 2 / 2 August 30, 2018