Bhor Industries Ltd. v. Union Of India And 2 ORS.

ASN 1/2 WP-1340-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINRY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1340 OF 2014 Bhor Industries Ltd.

...Petitioner

vs.

Union of India and ors.

...Respondents.

Mr. Vishwajit P. Sawant for the Petitioner.

Mr.Pradeep S. Jetly with Mr. Jitendra B. Mishra for the Respondents.

CORAM : S.C. DHARMADHIKARI AND S.P. DESHMUKH, JJ.

DATE : 09 MARCH, 2015 PC:

After arguing this writ petition some time, Mr.Sawant on instructions from the petitioner's representative who is present in court seeks leave to withdraw the petition with liberty to approach the Customs, Excise and Service Tax Appellate Tribunal in a pending appeal and request it to grant such reliefs as are permissible in law so as to keep in abeyance the notice of demand issued by the Superintendent of Central Excise Department, Mumbai-I. In view of the instructions received, we

ASN 2/2 WP-1340-14 allow the petitioner to withdraw the writ petition with liberty to approach the Tribunal in pending appeal. The Tribunal shall consider the request of the petitioner on its own merits and in accordance with law, uninfluenced by withdrawal of this writ petition. Petition is disposed of accordingly. (S.P. DESHMUKH, J.) (S.C. DHARMADHIKARI, J.)