The Commissioner Of Customs, v. M/S Srinidhi Fabrics Private Limited,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twentieth day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN and The Hon`ble Mr.Justice P.B. BALAJI in CMA(MD)No.SR.17942 of 2019 THE COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, NEW HARBOUR ESTATE, TUTICORIN 628 004 ... PETITIONER/APPELLANT Vs M/S SRINIDHI FABRICS PRIVATE LIMITED, NO.18, THIRUNAGAR COLONY, ERODE 638 003, TAMILNADU ... RESPONDENT Civil Miscellaneous petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 659 days in the filing the appeal. PRAYER in CMA(MD)No.SR.17942 of 2019:
To consider the above appeal and set aside the impugned order of the CESTAT in Common Final Order No.40553-40578/2017 dated 05.04.2017 and remand/restore the appeal to the CESTAT for fresh consideration of the matter on merits once the case of M/s.Mangali Impex reaches finality.
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ORDER : This Civil Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S N.DILIP KUMAR, Advocate for the petitioner, the Court made the following order:- Being satisfied with the reasons stated in the affidavit filed in support of this petition and seeing as there has been no serious objection put forth by the respondent, this Court is inclined to condone the delay of 659 days in filing the appeal.
2.Accordingly, this petition is allowed on payment of Rs.1,000/- (Rupees One Thousand only) to the High Court Legal Services Authority attached to this Bench within a period of two weeks from the date of receipt of a copy of this order, failing which this petition will be dismissed automatically without any further reference to this Court.
sd/- 20/12/2023 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL, SOUTH ZONAL BENCH, CHENNAI.
COPY TO:
THE OFFICER INCHARGE, HIGH COURT LEGAL SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN in CMA(MD)No.SR.17942 of 2019 Date :20/12/2023 SS/VR/SAR- /29/12/2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3