Calcutta High Court (Appellete Side)
Assistant Commissioner Of Central ... vs Emta Coal Limited & Ors on 21 March, 2016
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In The High Court At Calcutta
21-03-2016 Civil Appellate Jurisdiction
Appellate Side
sb-9
.
M.A.T.No.447 of 2016 Assistant Commissioner of Central Excise, Asansol-I
-vs-
EMTA Coal Limited & Ors.
with CAN No.2825 of 2016 Mr. S.B. Saraf Mr. Kaushik Kanti Maiti ...for the appellant Mr. S.K. Kapoor Mr. Jishnu Saha Mr. Sandip Agarwal Mr. Ravi Kapoor Ms. Manali Bose Ms. A. Bose Mr. A. Choudhary Mr. Zulfiqar Ali ...for the EMTA Coal Ltd Mr. Abhrotosh Majumder Mr. Avra Majumder Mr. Sandip Dasgupta ...for WBPDCL There is some dispute as to whether the writ petitioner has chosen to deliberately classify his cause of action as a Group IX matter.
Mr Saraf, learned advocate appearing for the appellant, submitted that the prayers are directed against and an ex parte interim order was obtained against the Revenue. Therefore, it is essentially a Group IV matter which the writ petitioners in WP No.27516(W) of 2015 have misdescribed; and on the basis of such misdescription 2 learned advocate appearing for the writ petitioners had the matter released from the court of Hon'ble Justice Somadder taking up Group IV matters. The matter was thereafter listed before Hon'ble Justice Dipankar Datta taking up Group IX matters. But Justice Datta released it for personal reasons. The matter was ultimately assigned to Hon'ble Justice I.P. Mukherjee. It is the order passed by Justice Mukherjee on March 4, 2016 which is under challenge in this appeal.
Mr Kapoor, learned senior advocate appearing for the respondents no.1 to 3, submitted that this court has no determination to take up this appeal, because it is an appeal arising out of an order passed pertaining to Group IX matter.
In that view of the matter, the appeal is released from our list. Liberty to mention before the appropriate Bench.
(Girish Chandra Gupta, J) (Asha Arora, J) 3