L'Oreal India Private Limited v. The Commissioner Of Central Excise, Pune-1

(9) NMA 1201-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Amk NOTICE OF MOTION NO. 1201 OF 2016 IN CENTRAL EXCISE APPEAL NO. 173 OF 2014 L'oreal India Pvt. Ltd.

...Applicant In the matter of L'oreal India Pvt. Ltd.

...Appellant

Versus

The Commissioner of Central Excise, Pune-II

...Respondent

.....

Mr. V. Sridharan, Senior Counsel a/w. Mr. Madhav Rao, Mr. Rajan Mishra i/b Mr. Vaibhav P. Patankar for the Applicant/Appellant. Mr. Pradeep S. Jetly a/w. Ms. Anamika Malhotra for the Respondent. CORAM : S.C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 27th JUNE, 2016.

P. C. :

1.

Having heard both sides and as a sum of Rs.2 Cr. also has been paid, there will be an interim order in terms of prayer clause (a). Motion allowed accordingly.

2.

Prima facie, we have observed that, an arguable question 1/2

(9) NMA 1201-16 has been raised and about the applicability of the larger bench decision of the Tribunal. In such circumstances we would expect the prosecuting agency not to precipitate the matter pending this appeal. [DR. SHALINI PHANSALKAR-JOSHI, J.] [S.C. DHARMADHIKARI, J.] 2/2