The Commissioner Of Cgst And C.Excise Mumbai v. Phoenix International Freight Service Pvt. Ltd.

1/2 963-IA-1737-2021.doc PURTI PRASAD PARAB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PURTI PRASAD PARAB Date: 2022.03.24 16:06:38 +0530 INTERIM APPLICATION NO. 1737 OF 2021 IN CENTRAL EXCISE APPEAL (L) NO. 78 OF 2017 The Commissioner of CGST & Central Excise ....Applicant/Appellant V/s.

Phoenix International Freight Services Pvt. Ltd.

...Respondent

---- Mr. Swapnil Bangur i/b Ms. Maya Majumdar for Applicant/Original Appellant.

None for Respondent.

---- CORAM : K.R. SHRIRAM & N. R. BORKAR, JJ.

DATED : 22nd MARCH, 2022 P.C. :

1.

Further to the order dated 10th March, 2022, applicant has filed supplementary affidavit through one Mr.Milind Gawai, Principal Commissioner of CGST & Central Excise affirmed on 17th March, 2022. 2.

At the outset Mr. Bangur states that the second sentence in paragraph no.1 of the affidavit "In paragraph 4 of the application, I have given reason for not removing office objection and delay in filing restoration application" should not have been there because there is no proper explanation in the Interim Application and that is why the court had granted leave to file further affidavit. Statement accepted. Purti Parab

2/2 963-IA-1737-2021.doc 3.

We have considered the rest of the further affidavit and are satisfied with the explanation.

4.

In the circumstances, appeal is restored to file. 5.

Interim Application disposed.

6.

Mr. Bangur states that applicant will remove all office objections within two weeks. If all office objections are not removed within two weeks, the appeal will get dismissed without further reference to this court with no possibility of even considering the restoration application once more.

(N. R. BORKAR, J.) (K.R. SHRIRAM, J.) Purti Parab