Gkn Sinter Metals Pvt Ltd v. Union Of India And 2 ORS

21. nma 704-19.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 704 OF 2019 IN CUSTOM APPEAL NO. 89 OF 2015 GKN Sinter Metals Pvt. Ltd.

..Applicant

IN THE MATTER OF

GKN Sinter Metals Pvt. Ltd.

..Appellant vs.

Union of India & ors.

..Respondents ...........

Mr. Mahesh Raichandani a/w. Ms. Ankita Vashistha i/b. UBR Legal for applicant/appellant.

Mr. P.S. Jetly, Senior Advocate a/w.Mr.J.B. Mishra for respondents. ...........

CORAM : NITIN JAMDAR & M.S.KARNIK, JJ.

DATE : 14 FEBRUARY 2020 P.C.:- Heard learned counsel for the parties.

2.

In Custom Appeal No. 89 of 2015 an order was passed on 20 March 2017 whereby the Appeal was disposed of observing that if within a period of four weeks the amount of Rupees Forty lakhs is deposited, the First Appellate Authority shall revive the 1/2

21. nma 704-19.doc Appeal on its file and decide the same on merits. The Applicant did not deposit the amount within period of four weeks. Hence this Notice of Motion is taken out for condonation of delay. 3.

We have considered the explanation given on affidavit, and that the amount of Rupees Forty lakhs is deposited. 4.

Learned Senior Advocate for the Respondents also does not disputes that the amount has been deposited and leaves it to the Court to pass appropriate order.

5.

In the circumstances, we allow the Notice of Motion in terms of prayer clause (a).

(M.S.KARNIK, J.) (NITIN JAMDAR, J.) Digitally signed by Diksha Rane Date:

2020.02.17 18:08:44 +0530 Diksha Rane 2/2