The Principal Commissioner Of Central Excise v. Ajay Lalji Ashar Sr. Marketing Manager M/S. New Era Metal

Dusane 1/2 40 nma2632.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2632 OF 2016 IN CENTRAL EXCISE APPEAL (L) NO.11 OF 2016 The Principal Commissioner of Central ....

Applicant Excise, Customs and Service Tax In the matter between The Principal Commissioner of Central ....

Appellant Excise, Customs and Service Tax Vs.

Shri. Ajay Lalji Ashar ....

Respondent Mr. A.S. Rao, Advocate for the Applicant None for the Respondent.

CORAM : S.V. GANGAPURWALA AND G.S. KULKARNI, JJ.

DATE : 23 JUNE, 2017 PER COURT :

The learned counsel for the Applicant submits that the Respondent has been served and affidavit of service to that effect is filed.

Dusane 2/2 40 nma2632.2016 The learned counsel submits that the delay has occasioned in filing the present appeal, as the applicant had challenged the order of CESTAT by preferring the appeal before the Gujarat High Court. The appeal was admitted. Subsequently, by the order dated 4th August, 2015, the Gujarat High Court disposed of the appeal on the ground of territorial jurisdiction with liberty to the applicant to file it before the appropriate High Court and thereafter the present appeal is filed and as such delay has caused. Learned counsel further submits that the appeal was filed before the Gujarat High Court within limitation.

For the reasons stated in the affidavit supporting the Notice of Motion, the Motion is allowed in terms of prayer clause (A). The Motion is accordingly disposed of. No costs. ( G.S. KULKARNI, J.) (S.V. GANGAPURWALA, J.)