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Bombay High CourtNMA/571/2017disposed off

Intervet India Pvt. Ltd. v. Commissioner Of Central Excise Pune Iii

2017-05-02Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

suresh 7-NMA-571.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.571 OF 2017 IN CENTRAL EXCISE APPEAL NO.82 OF 2012 Intervet India Private Limited .... Applicants In the matter between Intervet India Private Limited .... Appellants Vs.

Commissioner of Central Excise Pune-III Commissionerate .... Respondent Mr. Hormaz Daruwalla i/by M/s. India Law Alliance for the Applicants/Appellants.

Mr. Swapnil Bangur with Mr. Sham Walve for the Respondent.

CORAM: S.C. DHARMADHIKARI & PRAKASH D. NAIK, JJ.

DATE : MAY 02, 2017 P.C:

1.

Heard both sides. Mr. Bangur has not seriously opposed the prayers in the motion, though he says that the amount of duty and interest has been secured by payment belatedly. He would, therefore, submit that a conditional stay at

suresh 7-NMA-571.2017.doc best be granted.

2.

After having heard both sides and since the appeal is admitted, to balance the rights and equities, we stay the recovery of the penalty. The motion is made absolute in terms of prayer clause (a). There will be no order as to costs. (PRAKASH D. NAIK, J.) (S.C. DHARMADHIKARI, J.)