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Bombay High CourtNMA/2235/2016dismissed

M/S. Ravi Raj Processors Pvt. Ltd v. The Union Of India And 3 ORS.

2016-12-19Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

suresh 38-39-NMA-2231.2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2231 OF 2016 IN CENTRAL EXCISE APPEAL NO.57 OF 2014 Rajesh H. Arora .... Applicant In the matter between Rajesh H. Arora .... Appellant Vs.

Union of India & Others .... Respondents AND NOTICE OF MOTION NO.2235 OF 2016 IN CENTRAL EXCISE APPEAL NO.58 OF 2014 M/s. Ravi Raj Processors Pvt. Ltd.

.... Applicant In the matter between M/s. Ravi Raj Processors Pvt. Ltd.

.... Appellant Vs.

Union of India & Others .... Respondents Mr. Prakash V. Dhopatkar for the Applicant/Appellant in both NMAs.

Mr. Swapnil Bangur with Ms Ruju R. Thakkar for the Respondents in both NMAs.

suresh 38-39-NMA-2231.2016.doc CORAM: S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ.

DATE : DECEMBER 19, 2016 P.C:

1.

We have heard Mr. Dhopatkar in both motions.

2.

The Order was passed after a detailed hearing of both sides. In the event, the appellants desire an opportunity in terms of the order passed by this Court, they have to make arrangements and deposit the sum. Since these motions are filed and with an affidavit in support which would disclose an intention not to comply with the condition, we do not think that such a motion can be entertained. Both the motions are dismissed even after Mr. Dhopatkar invites our attention to paras 18 to 22 of the affidavit in support.

(B.P. COLABAWALLA, J.) (S.C. DHARMADHIKARI, J.)