Supreme Court - Daily Orders
Comm. Of Central Excise, Bhavnagar vs M/S Fact Paper Mills Pvt. Ltd. on 25 July, 2014
b ITEM NO.46 COURT NO.12 SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 6569-6574/2012
COMM. OF CENTRAL EXCISE, BHAVNAGAR Appellant(s)
VERSUS
M/S FACT PAPER MILLS PVT. LTD. & ORS. Respondent(s)
(with appln. (s) for stay and office report)
Date : 25/07/2014 These appeals were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE MADAN B. LOKUR
HON’BLE MR. JUSTICE C. NAGAPPAN
For Appellant(s) Mr. Ranjit Kumar, SG
Mr. H. Raghvendra Rao, Adv.
Mr. Farrukh Rasheed, Adv.
Mr. B. Krishna Prasad ,Adv.
For Respondent(s) Mr. S.K. Bagaria, Sr. Adv.
Mr. Garvesh Kabra ,Adv.
Mr. Devashish Trivedi, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The civil appeals are dismissed as withdrawn in terms of the signed order.
(VINOD KUMAR) (JASWINDER KAUR)
COURT MASTER COURT MASTER
(Signed order is placed on the file) Signature Not Verified Digitally signed by Vinod Kumar Date: 2014.08.07 15:38:14 IST Reason: IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No(s). 6569-6574/2012 COMM. OF CENTRAL EXCISE, BHAVNAGAR Appellant(s) VERSUS M/S FACT PAPER MILLS PVT. LTD. & ORS. Respondent(s) O R D E R We are of the view that these appeals are not maintainable under Section 35L of the Central Excise Act, 1944 (for short ’the Act’) since the issues raised are of clandestine removal of manufactured goods and clandestine manufacture of goods.
Learned Solicitor General seeks leave to withdraw these appeals with liberty to file an appropriate appeal in the High Court under Section 35G of the Act.
Liberty to withdraw these appeals is granted.
In the event of an appeal being filed under Section 35G of the Act within three months from today, the High Court shall consider the appeal without raising any question regarding limitation.
The civil appeals are dismissed as withdrawn.
.......................J. [Madan B. Lokur] .......................J. [C. Nagappan] NEW DELHI JULY 25, 2014