Commissioner Of Central Excise, Mumbai-Iii v. M/S. Siddhi Industries

WP.1901.2006.901.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1901 OF 2006 Commissioner of Central Excise } Petitioner versus M/s. Siddhi Industries } Respondent Mr. A. S. Rao with Mr. Jitendra B. Mishra for the Petitioner.

None for the Respondent.

CORAM :- S.C.DHARMADHIKARI & S.P.DESHMUKH, JJ.

DATED :- JANUARY 21, 2015 P.C. :- Mr. Rao appearing for the Petitioner, on instructions of Mr.I.T. Moolpani (Superintendent), seeks leave to withdraw the Writ Petition with liberty to file appropriate proceedings including a Revision Application before the Central Government. In view of this statement made, leave to withdraw the Writ Petition with liberty as prayed is granted. We clarify that we have not expressed any opinion either on the merits of the controversy or maintainability of fresh proceedings. Mr.Rao submits that in the event an application is made, to exclude the period spent in prosecuting this Petition, for computation of the limitation in filing the Revision Application, that may be considered by the Revisional Authority. We say nothing more except observing that in J.V.Salunke,PA

WP.1901.2006.901.doc the event such an application is made, the Revisional Authority to consider the request made based on applicability of section 14 of the Limitation Act, 1963 or analogous provision and pass an appropriate order in accordance with law.

(S.P.DESHMUKH, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA