Decan Steel Tubes A Partnership Firms v. The Union Of India Thr The Secretary Ministry Of Finance Dept. Of Renvnue And ANR

901-ASWP-17998-2024.DOCX Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17998 OF 2024 Decan Steel Tubes a Partnership Firm

...Petitioner

Versus

The Union of India thr.

The Secretary Ministry of Finance Dept. of Revenue & Anr

...Respondents

______________________________________________________ AMOL PREMNATH JADHAV Mr CB Thakar, for the Petitioner.

AMOL PREMNATH JADHAV Date: 2024.12.13 11:02:33 +0530 Mr Jaymala Ostwal, with Ms Mamta Omle, for the Respondents.

______________________________________________________

CORAM

M.S. Sonak & Jitendra Jain, JJ.

DATED:

12 December 2024 PC:- 1.

Heard learned Counsel for the parties.

2.

The learned Counsel for the Petitioner, on instructions, seeks leave to withdraw this Petition with liberty to institute an appeal against the impugned order.

3.

Accordingly, leave is granted with liberty to institute the appeal.

4.

Mr Thakkar states that appeal would be instituted within four weeks form today. If an appeal is indeed instituted within four weeks, the appellate authority to consider the

901-ASWP-17998-2024.DOCX matter on merits instead of adverting to the issue of limitation. This is because this Petition was instituted within the limitation period for filing an appeal and the Petitioner was bona fide pursuing the same.

5.

This Petition is disposed of with liberty in above terms. All contentions of all parties are left open. 6.

Pending Interim Applications, if any, stand disposed of. 7.

All ad-interim or interim orders, if any, stand vacated forthwith.

(Jitendra Jain, J) (M.S. Sonak, J)