M/S Jet Pack Machines Pvt Ltd v. The Union Of India And 2 Others

10.WP.3032.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3032 OF 2016 M/s. Jet Pack Machines Pvt. Ltd.

... Petitioner V/s.

The Union of India & Ors.

... Respondents Mr. Prakash Shah a/w Mr. Vinay Ansurkar for the Petitioner. Ms. P.S. Cardozo a/w Ms. R.R. Thakur for Respondent Nos.2 and 3. CORAM : ANOOP V. MOHTA & SMT. ANUJA PRABHUDESSAI, JJ.

DATE : 28th JULY, 2017.

FINAL ORDER :

Heard the learned counsel appearing for the parties. After hearing the parties, we are inclined to dispose of the present Writ Petition as to the Demand notice for recovery of interest under Section 11 of the Central Excise Act, 1944 dated 09.05.2016, petitioner has replied and submitted written submission to the Deputy Commissioner, Borivali Division, Central Excise, Mumbai, with clearly opposing the interest of claim apart from various other factors of denying the liability, is still pending. Therefore, it is desirable that the concerned respondent's officer to deal with the same and pass reasoned order as early as possible preferably within six weeks.

Petition is disposed of with liberty.

All contentions of the parties are kept open. No cost. (SMT. ANUJA PRABHUDESSAI, J.) (ANOOP V. MOHTA, J.) waghmare/- 1/1