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Bombay High CourtCA/12339/2018disposed offdismissed for default

The Union Of India Thr The Collector Of Central Excise And Customs v. M/S Aurangabad Paper Mills Ltd

2018-10-19Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. G. Avachat2 pages

( 1 ) ca 12339.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12339 OF 2018 IN WRIT PETITION NO. 3860 OF 1993 The Union of India Through The Collector of State Excise and Customs, Aurangabad Division, Aurangabad and others .. Applicants

Versus

M/s Aurangabad Paper Mills Ltd.

..

Respondent Shri. D. S. Ladda, Advocate for Applicants.

Smt.M. A. Deshpande, Addl.G.P. for the State. Shri R. M. Sharma, Advocate for the Respondent. CORAM : S.V. GANGAPURWALA AND R. G. AVACHAT, JJ.

DATED : 19 th October, 2018 PER COURT:

.

On 12.10.2018 we pass the following order - "

On the last date Mr. Sharma, learned counsel appeared for

( 2 ) ca 12339.18 respondents and sought time. We have kept the matter today. Today, Advocate Mr. Sharma is absent. However, in the interest of justice, stand over to 19.10.2018."

2.

Today also, none appears for the non applicant. The present application is filed for withdrawal of the amount deposited by the non applicant No. 1 / original writ petitioner, pursuant to the order of this court dated 06.12.1993. The writ petition is subsequently dismissed. The review filed by the original writ petitioner is also dismissed. It is not pointed out that the order dismissing the writ petition and the review is assailed further.

3.

Considering the aforesaid conspectus, the applicant will have right to withdraw the amount.

4.

The civil application is allowed in terms of prayer clause '2'. The civil application is disposed of.

[ R. G. AVACHAT, J. ] [ S. V. GANGAPURWALA, J. ] ass/ca 12339.18