Aafloat Textiles India Limited (Formerly Known As Akai Impex Ltd.) v. The Commissioner Central Excise And Customs Vapi

17-NMA947-15.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 947 OF 2015 IN CENTRAL EXCISE APPEAL (L) NO. 42 OF 2015 Aafloat Textiles India Ltd.

...Appellant

Versus

The Commissioner of Central Excise and Customs Vapi

...Respondent

Mr. Prakash Shah, with Mr. Jas Sanghavi, i/b M/s. PDS Legal, for the Applicant/Appellant.

Mr. Pradeep S. Jetly, i/b Mr.

A.S. Rao, for the Respondents.

CORAM: S.C. DHARMADHIKARI & G.S. PATEL, JJ.

DATED:

18th January 2016 PC:- 1.

The delay of 2703 days' occurred because the Applicants were facing proceedings, firstly under the Sick Industrial Companies (Special Provisions) Act, 1985. Upon an opinion of the Board under that Act, the Petitioner faced winding up proceedings. The Petitioner continued to be in winding up until a recent order passed by one of us (Mr. G. S. Patel, J.) setting it aside. That is the period that is consumed and taken and details of all proceedings are set out. There is no reason therefore to disbelieve any of the

17-NMA947-15.DOC statements made in the Affidavit in Support, particularly in paragraph 4.

2.

In view of the same and the Applicant deserving a chance to satisfy this Court on the merits of the Appeal, that we condone this enormous delay.

3.

The Notice of Motion is made absolute in terms of prayer clause (a). There will be no order as to costs. (G. S. PATEL, J.) (S. C. DHARMADHIKARI, J.)