Bombay High CourtWP/8/2015rejected at admission stage

M/S Leben Laboratories Private Ltd., Akola Through Its Managing Director, Shri Bharat Nitilal Shah v. Commissioner Of Central Excise, Customs And Service Tax, Wardha And 2 Others

2015-01-23Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Mrs. Justice Mridula R. Bhatkar2 pages

23012015wpno.08.2015 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No. 08 of 2015 M/s Leben Laboratories Private Limited vs. Commissioner of Central Excise, Customs and Service Tax, Wardha and others.

Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders.

Orders.

Mr. S.V.Bhutada, Adv. for the petitioner.

Mr. S.K.Mishra, Sr. Standing Counsel for respondents.

CORAM: B.R.GAVAI & MRS. MRIDULA R. BHATKAR,JJ DATE : 23.1.2015 Heard. Mr. S.V.Bhutada, learned counsel for the petitioner and Mr. S.K.Mishra, Sr. Standing Counsel for the Central Excise Department.

Mr. S.K.Mishra, the learned Sr. Standing Counsel for the Central Excise Department states that the appeal would lie under Section 35 (2) against the impugned order. He, therefore, submits that since the petitioner has alternate remedy, the petition would not be tenable.

23012015wpno.08.2015 2 We, therefore, reject the petition on the ground of availability of alternate remedy. However, in order to enable the petitioner to take recourse of alternate remedy available in law, interim order granted stands extended for the period of two weeks.

JUDGE JUDGE patle