Commissioner Of Central Excise, Customs And Service Tax, Vapi v. Babhubhai Kanjibhai Patle

RPP 1/2 10-NMA-434-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 434 OF 2018 IN CENTRAL EXCISE APPEAL (L) NO. 106 OF 2013 The Commissioner of Central GST and Central Excise, Daman Commissionerate (Formerly Silvassa Commissionerate) ...

Applicant (Original Appellant) In the matter between The Commissioner of Central GST and Central Excise, Daman Commissionerate.

... Appellant V/s.

Babubhai Kanjibhai Patel.

...

Respondent.

Mr. Pradeep Jetly & Mr. J.B. Mishra for the applicant. CORAM : A.S.OKA AND M.S. KARNIK, JJ.

DATE :

24th April, 2019.

P.C. :

Heard the learned Counsel appearing for the applicant. The appeal preferred by the applicant stands rejected in exercise of powers under Rule 986 of the Bombay High Court (Original Side) Rules, in view of non compliance with order dated 25th July 2013 passed by the Prothonotary and Senior Master. In view of the averments made in the affidavit-insupport support, a case of restoration is made out. Accordingly, Notice of

RPP 2/2 10-NMA-434-2018 Motion is made absolute in terms of prayer clauses (a) and (b), subject to condition that the applicant shall remove all office objections in the appeal within the extended period of four weeks from today. On the failure of the applicant to remove all office objections within a period of four weeks from today, the order of rejection will stand. (M.S.KARNIK, J.) (A.S.OKA, J.)