The Commissioner Of Central Excise And Customs, Navi Mumbai. v. M/S. Deepak Fertilizers Ltd.,

NMA751.10.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.751 OF 2010 IN CENTRAL EXCISE APPEAL (L) NO.207 OF 2008 The Commissioner of Central Excise, Belapur, Navi Mumbai ... Appellant v/s M/s Deepak Fertilizers Ltd., K-1, MIDC, Taloja, District Raigad ... Respondents Mr A.S. Rao for Appellant.

None for Respondents.

CORAM:

S.C. DHARMADHIKARI & B.P. COLABAWALLA JJ.

DATE :

26TH OCTOBER 2015 P.C. :- 1.

In the light of the affidavit of service, it is clear that the Respondents are served, none appears on their behalf. The Registry has dismissed the Appeal because the objections raised were not removed. Thus, there is no compliance with the procedure set out in the Bombay High Court (O.S.) Rules.

VRD

NMA751.10.sxw 2.

Now, since the apology is tendered and the Appellant seeks an opportunity to satisfy the Court on merits of the Appeal, we proceed to grant the relief in terms of prayer clauses (a) and (b) of the Motion. There will be no order as to costs. Notice of Motion is disposed off.

(B.P. COLABAWALLA, J.) (S.C.DHARMADHIKARI J.) VRD