Calcutta High Court (Appellete Side)
M/S. Ganges Valley Foods Pvt. Ltd vs Commissioner Of Central Excise on 5 July, 2017
Author: Debangsu Basak
Bench: Debangsu Basak
5-07-2017
S.D.
W.P. 27063 (W) of 2016
M/s. Ganges Valley Foods Pvt. Ltd.
Versus
Commissioner of Central Excise
Commissionerate, Kolkata-IV and Anr.
Mr. Ravi Raghavan
Mr. Tanmoy Chakraborty
....For the Petitioner.
Mr. Somnath Ganguli
Mr. Bhaskar Prasad Banerjee
...For the Respondents.
The petitioner assails an order in original dated August 30, 2016.
Learned Advocate for the petitioner, on instruction, submits that, since the writ petition was filed within the period of limitation for preferring an appeal, his client seeks leave of this Hon'ble Court to prefer an appeal from the order in original as the same is appealable.
The department is represented.
Considering that, the petitioner had approached the Writ Court within the period of appeal and since the order impugned is appealable and since the petitioner seeks to prefer an appeal therefrom, it would be appropriate to dispose of the present writ petition by permitting the petitioner to prefer such appeal. In the event, such appeal is filed within a period of four weeks from date, the appellate authority will consider the pendency of the writ petition as sufficient ground for condonation of delay of the appeal.
W.P. 27063 (W) of 2016 is disposed of accordingly. No order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)