Unitech Power Transmission Ltd. v. The Commissioner Of Central Excise

Uday S. Jagtap 4-18-CEXA-13=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO. 4 OF 2018 Unitech Power Transmission Ltd.

.. Appellant v/s.

Commissioner of Customs and Central Excise, Nagpur ..Respondent Mr. Jas Sanghavi I/b PDS Legal for the appellant Mr. Swapnil Bangur for the respondent CORAM : M.S. SANKLECHA & RIYAZ I. CHAGLA, J.J.

DATED : 22nd OCTOBER, 2018.

P.C.

1.

This is an appeal under Section 35G of the Central Excise Act, 1944 (the Act) challenging an order dated 5th October, 2016 passed by the Customs, Excise and Service Tax Appellate Tribunal (the Tribunal). 1.

Mr. Sanghavi, learned Counsel appearing in support of the appeal very fairly brings to our notice the decision of this Court in Indorama Synthetics (I) Ltd. Vs. The Commissioner of Central Excise and Customs, Nagpur (Customs Appeal No.105 of 2017) rendered on 19th October, 2018. In the above decision, we have held that where the impugned order of the Tribunal in excise appeals passed in Mumbai

Uday S. Jagtap 4-18-CEXA-13=.doc relates to and arise out of dispute originating at Nagpur inasmuch as the order in original is also been passed in the districts allocated to the Nagpur Bench of this Court, then the appeal under Section 35G of the Act is to be filed and heard by the Nagpur Bench of this Court. 2.

In the above view, Registry is directed to transfer the papers and proceedings relating to this appeal to the Nagpur Bench of this Court. (RIYAZ I. CHAGLA, J.) (M.S. SANKLECHA, J.)