Calcutta High Court (Appellete Side)
M/S. Rdb Textiles Ltd. & Anr vs Union Of India & Ors on 17 February, 2017
Author: Debangsu Basak
Bench: Debangsu Basak
1
17/02/2017
(Sl. No. 34) (Ct. 13)
ARDR
W.P. No. 4157 (W) of 2017
M/s. RDB Textiles Ltd. & Anr.
Vs.
Union of India & Ors.
Mr. Sourabh Bagaria, Adv.,
Mr. Partha Banerjee, Adv.,
...for the petitioners.
Mr. Amitabrata Roy, Adv.,
Mr. Bhaskar Prosad, Adv.,
...for the respondents.
Affidavit of service filed in Court today be kept with the records.
The petitioners assail the vires of Section 35F of the Central Excise Act, 1944.
Learned advocate for the petitioners submits that the petitioners are before the Hon'ble Division Bench against the order of the Tribunal in reference to Section 35F of the Act of 1944. Since the vires of he Section itself is under challenge and since the appeal is pending before the Hon'ble Division Bench, he submits that, it would be appropriate to refer the writ petition to the Division Bench.
The Union of India authorities are represented through the learned Additional Solicitor General. 2 In view of the pendency of the appeal against the order of the Tribunal in reference to Section 35F of the Act of 1944, and since the vires of such section is under challenge here, it would be appropriate to place this writ petition before the same Division Bench for their Lordships' consideration.
The department is directed to act accordingly.
(Debangsu Basak, J.)