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M/S. Kanohar Electricals Ltd. vs Commnr. Of Central Excise, Meerut on 5 May, 2015

Bench: A.K. Sikri, Rohinton Fali Nariman

                                       IN THE SUPREME COURT OF INDIA

                                       CIVIL APPELLATE JURISDICTION

                                       CIVIL APPEAL NO. 1322 OF 2005

                      M/S. KANOHAR ELECTRICALS LTD.                    ... Appellant

                                                  VERSUS

                      COMMISSIONER OF CENTRAL EXCISE, MEERUT           ... Respondent

                      WITH

                      CIVIL APPEAL NO. 8048 OF 2009

                                                 O R D E R

Civil Appeal No. 1322 of 2005 Admittedly, the appellant had given an undertaking that it would be using the transformer oil for manufacturing of its own final products and the said undertaking has been breached by the appellant inasmuch as the transformer oil was used for repairs of old and used transformers. On these facts, all the authorities below have taken consistent stand against the appellant and on the facts of this case, we do not deem it proper to interfere with the stand taken. The appeal is, accordingly, dismissed.

The amount involved in the appeal is a meagre one. Even, otherwise, we find that no substantial question of law is involved. This appeal of the Department is accordingly, dismissed.

........................, J.

[ A.K. SIKRI ] Signature Not Verified Digitally signed by Meenakshi Kohli Date: 2015.05.11 17:46:13 IST Reason: ........................, J.

[ ROHINTON FALI NARIMAN ] New Delhi;

May 05, 2015.

ITEM NO.102                    COURT NO.13                         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).    1322/2005

M/S. KANOHAR ELECTRICALS LTD.                                  Appellant(s)

                                        VERSUS

COMMNR. OF CENTRAL EXCISE, MEERUT                              Respondent(s)

(with appln. (s) for directions) WITH C.A. No. 8048/2009 (With Office Report for Direction) Date : 05/05/2015 These appeals were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For parties Mr. Vinay Garg, Adv.

Mr. Nagendra Singh, Adv. Mr. Vishwa Pal Singh, Adv. Mr. Rajesh Kumar, Adv.

Mr. Yashank Adhyaru, Sr. Adv. Ms. Aruna Gupta, Adv.

Mr. Ritesh Kumar, Adv.

Mr. B. Krishna Prasad, Adv.

UPON hearing the counsel the Court made the following O R D E R The appeals are dismissed in terms of the signed order.

       (Nidhi Ahuja)                                     (Suman Jain)
       COURT MASTER                                      COURT MASTER

[Signed order is placed on the file.]