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Bombay High CourtMCA/181/2020disposed of

Balaji Rollings Pvt. Ltd, Thr. Its Aut. Officer, Kapil Dev Sharma., v. The Commissioner Of Central Excise.,

2020-03-04Hon'Ble Shri Justice M. S. Sonak,Hon'Ble Smt. Justice M. S. Jawalkar2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 181 OF 2020 IN EXCISE APPEAL NO. 2 OF 2016 BALAJI ROLLINGS PVT. LTD, THR. ITS AUT. OFFICER, KAPIL DEV SHARMA., ... Applicant

Versus

THE COMMISSIONER OF CENTRAL EXCISE., ... Respondent Mr. Sarvesh Dinker Kamat Malyeker, Advocate for the Applicant.

Ms. Priyanka Kamat, Advocate for the Respondent. Coram:- M. S. SONAK & SMT. M. S. JAWALKAR, JJ.

Date:- 4th March, 2020 P.C.:

Heard Mr. Sarvesh Dinker Kamat Malyeker for the Applicant and Ms. Priyanka Kamat for the Respondent.

2. Mr. Malyekar, the learned counsel for the applicant/appellant submits that the applicant desires to avail the benefits under the Sabka Vishwas (Legacy Dispute Resolution) Scheme and therefore, seeks leave to withdraw Excise Appeal No.2 of 2016 pending in this Court.

3. Leave is granted as prayed for. This Miscellaneous Civil Application as also the Excise Appeal are disposed of.

MCA/181/2020

4. Further, we grant the applicant leave to institute fresh appeal on the same grounds, in case, the applicant fails to obtain any benefits under the scheme. This is provided, such appeal is filed within one month from the date of the communication under the scheme.

5. The Miscellaneous Civil Application as also the Excise Appeal are disposed of accordingly.

6. All concerned to act on the basis of an authenticated copy of this Order.

SMT. M. S. JAWALKAR, J.

M. S. SONAK, J.

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