Ksb Limited v. The Commissioner Of Central Gst, Pune I Commissionerate

Uday S. Jagtap 429-19-NMA-40=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No. 429 OF 2019 IN CENTRAL EXCISE APPEAL (L) No. 47 of 2019 KSB Ltd.

.. Applicant In the matter between KSB Ltd.

.. Appellant v/s.

The Commissioner of Central GST Pune-I Commissionerate .. Respondent Mr. Makarand Joshi I/b Max Legal for the applicant None for the respondent CORAM : M.S. SANKLECHA & M.S. SONAK, J.J.

DATED : 12th JUNE, 2019 P.C.

1.

None appears for the respondent.

2.

Mr. Joshi, learned Counsel appearing in support of the motion states that the respondent has been served and undertakes to file affidavit of service within a period of one week from today. 3.

This motion has been taken out to condone the delay of 313 days in filing an appeal from the order dated 25th October, 2017 passed by the Customs, Excise and Service Tax Appellate Tribunal. The appeal

Uday S. Jagtap 429-19-NMA-40=.doc had to be filed on or before 11th June, 2018. However, in the meantime, the petitioner had moved a rectification application before the Tribunal and the same was rejected on 14th December, 2018. Thereafter, the petitioner filed the present appeal. The delay is essentially attributable to the applicant's bona fide prosecuting its rectification application before the Tribunal. 4.

In the above view, the Notice of Motion is allowed in terms of prayer clause (a).

(M.S. SONAK, J.) (M.S. SANKLECHA, J.)