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Bombay High CourtNMA/804/2018absolute

Atcom Technologies Ltd v. The Commissioner Central Excise And Service Tax

2019-03-26Hon'Ble Shri Justice A.S. Oka,Hon'Ble Shri Justice M.S. Sanklecha2 pages

nma-804-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.804 OF 2018 IN CENTRAL EXCISE APPEAL (L) NO.307 OF 2015 Atcom Technologies Ltd., ..

Applicant/ Org. Appellant.

In the matter between Atcom Technologies Ltd., ..

Appellant.

v/s.

The Commissioner Central Excise & Service Tax, Daman Commissionerate ..

Respondent.

Mr. J. C. Patel with Mr. Chidanand Kapil, for the Applicant/ Org. Appellant.

Mr. Swapnil Bangur with Ms. Sneha Prabhu, for the Respondent. CORAM: A.S.OKA & M.S.SANKLECHA, JJ.

DATE : 26th MARCH, 2019.

P.C:- Heard the learned Counsel appearing for the Applicant and the learned Counsel appearing for the Respondent. The Appeal preferred by the Applicant stands dismissed under the order of the Prothonotary and Senior Master in exercise of powers under Rule 986 of the High Court Original Side Rules.

In view of the averments made in the affidavit in support, a S.R.JOSHI

case of restoration is made out. Accordingly, Notice of Motion is made absolute in terms of prayer clauses (ai), (a) and (b). We make it clear that on the failure of the Applicant to remove all office objections within the extended period of four weeks, the order of the dismissal shall stand.

After the appeal is numbered, same shall be fixed for admission as per the CMIS date.

(M.S.SANKLECHA,J.) (A.S.OKA,J.) S.R.JOSHI