Allahabad High Court
M/S Shree Dhanversha Steels Pvt. Ltd. vs Commissioner, Central Excise, Meerut on 6 August, 2010
Bench: Rajes Kumar, Bharati Sapru
Court No. - 37 Case :- CENTRAL EXCISE APPEAL DEFECTIVE No. - 129 of 2010 Petitioner :- M/S Shree Dhanversha Steels Pvt. Ltd. Respondent :- Commissioner, Central Excise, Meerut Petitioner Counsel :- M.B. Mathur Respondent Counsel :- Ssc Hon'ble Rajes Kumar,J.
Hon'ble Bharati Sapru,J.
Certified copy of the Tribunal's order filed today along with supplementary affidavit. The same may be placed on record.
Admit on a substantial question of law nos. 1,2 & 3.
6.8.2010 OP Court No. - 37 Case :- CENTRAL EXCISE APPEAL DEFECTIVE No. - 129 of 2010 Petitioner :- M/S Shree Dhanversha Steels Pvt. Ltd. Respondent :- Commissioner, Central Excise, Meerut Petitioner Counsel :- M.B. Mathur Respondent Counsel :- Ssc Hon'ble Rajes Kumar,J.
Hon'ble Bharati Sapru,J.
Civil Misc. Stay Application No. 213375 of 2010.
A very important question of law for consideration is whether the Tribunal has jurisdiction to examine the order of the Settlement Commission and observe that the order of the Settlement Commission is without jurisdiction. The Tribunal in the impugned order has held that the order of the Settlement Commission is without jurisdiction.
Prima facie, we are satisfied with the contention of the learned counsel for the appellant that the Tribunal has no jurisdiction to say so. In the circumstances, the appellant is entitled for interim relief.
Until further orders of this Court, the operation of the order of the Tribunal dated 27.1.2010 passed in Excise Appeal No. 6144 of 2004 and Excise Appeal No. 5645 of 2004 is stayed.
Order Date :- 6.8.2010 OP