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Bombay High CourtCEXA/84/2015dismissed

Royal Energy Limited v. The Commissioner Of Central Excise,Customs And Service Tax

2017-03-20Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

48-CEXA.84.2015.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO. 84 OF 2015 Royal Energy Limited } Appellant versus The Commissioner of Central } Excise, Customs and Service } Tax } Respondent None for the appellant.

None for the respondent.

CORAM :- S. C. DHARMADHIKARI & B. P. COLABAWALLA, JJ.

DATED :- MARCH 20, 2017 P.C. :-

1. In this appeal, which was filed by Mr. V. V. Khemka for the appellant-M/s. Royal Energy Limited, Mr. Khemka has moved an application seeking discharge from the proceedings by deleting his name as an advocate for the appellant.

2. Upon such an application before the Registry, the Additional Registrar (O. S.)/Additional Prothonotary and Senior Master made an order on 28th January, 2016 allowing Mr. Khemka to withdraw his appearance. The papers and proceedings were directed to be returned to the appellant. J.V.Salunke,PA

48-CEXA.84.2015.doc The order was passed after the appellant was communicated by Mr. Khemka that he intends to obtain discharge as its advocate and withdraw his appearance. After his appearance is allowed to be withdrawn and his name is deleted as an advocate for the appellant, it was the duty of the appellant to make arrangement for appearance either by itself or through an advocate duly authorised to practice in this court. That arrangement having not been made for more than one year, we have no alternative but to dismiss this appeal for want of prosecution. It is dismissed accordingly.

(B.P.COLABAWALLA, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA