Supreme Court - Daily Orders
Commnr. Of Central Excise, Bangalore vs M/S. Aquamall Water Solutions Ltd. on 1 May, 2015
Bench: A.K. Sikri, Rohinton Fali Nariman
ITEM NO.110 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). 1285/2005
COMMNR. OF CENTRAL EXCISE, BANGALORE Appellant(s)
VERSUS
M/S. AQUAMALL WATER SOLUTIONS LTD. Respondent(s)
(with appln. (s) for stay and office report)
Date : 01/05/2015 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
For Appellant(s) Mr. Rupesh Kumar,Adv.
Ms. Rashmi Malhotra,Adv.
Mr. P.Kmullick,Adv.
Mr. B. Krishna Prasad,Adv.
For Respondent(s) Mr. V.Lakshmikumaran,Adv.
Mr. M.P.Devanath,Adv.
Mr. Vivek Sharma,Adv.
Ms. L.Charanaya,Adv.
Mr. Aditya Bhattacharya,Adv.
Mr. R.Ramachandran,Adv.
Mr. Hemant Bajaj,Adv.
Mr. Ambarish Pandey,Adv.
Mr. Anandh K.,Adv.
Mr. Rajesh Kumar,Adv.
UPON hearing the counsel the Court made the following
O R D E R
The appeal is dismissed in terms of the signed order.
(SUMAN WADHWA) (SUMAN JAIN)
AR-cum-PS COURT MASTER
Signature Not Verified
Digitally signed by
Signed order is placed on the file. Suman Wadhwa Date: 2015.05.05 11:22:51 IST Reason: IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1285 OF 2005 Commnr. Of Central Excise, Bangalore Appellant(s) VERSUS Aquamall Water Solutions Ltd. Respondent(s) O R D E R The Tribunal rejected the reference of the Department herein which was fallen under Section 35H(1) of the Central Excise Act, 1944, on the ground that such a reference was not maintainable. The Department had filed the special leave petition against the order being SLP (CC) No. 5073/2004 in which order dated 13.7.2004 was passed permitting the Department to withdraw the said special leave petition and file an appeal against the order of the Tribunal. As reference before the High Court was not maintainable, even after that order, present appeal is filed against the order of the High Court and the order of the Tribunal has not been challenged.
This appeal is, therefore, not maintainable and is dismissed.
….....................J. (A.K.SIKRI) …......................J. (ROHINTON FALI NARIMAN) New Delhi;
Date: 1.5.2015.