Calcutta High Court
Commissioner Of Central Excise vs M/S. Naffar Chandra Jute Mill Ltd on 20 May, 2009
Author: Subhro Kamal Mukherjee
Bench: Subhro Kamal Mukherjee
CUSTA No. 7 of 2009
GA NO. 766 OF 2009
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ/Civil Appellate/Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
COMMISSIONER OF CENTRAL EXCISE, KOLKATA-III
Versus
M/S. NAFFAR CHANDRA JUTE MILL LTD.
For the appellant : Mr. N. C. Roychowdhury, Sr. Adv.
BEFORE:
The Hon'ble JUSTICE SUBHRO KAMAL MUKHERJEE
The Hon'ble JUSTICE KALIDAS MUKHERJEE
Date : 20th May, 2009.
The Court : This appeal will be heard on the following substantial
question of law:
The mode of publication of appointment of the Central Excise
Officers being a procedural provision, whether a Tribunal below
substantially erred in law in holding against the Customs Authorities merely
because the appointments were not notified in the Official Gazette although
there has been wide circulation of their appointment through the website ?
Call for the records.
Issue usual notices.
The appellant is directed to put in the requisites for effecting
service of notice of this appeal on the respondent by registered post with
acknowledgement due, by one week after reopening of the Court after summer holidays.
2
The appellant is further directed to prepare and file requisite number of paper books, printed, type written or cyclostyled, as the case may be, out of Court, within eight weeks after the reopening of Court after summer holidays.
Liberty to mention.
All parties concerned are to act on a signed copy of the minutes of this order on the usual undertakings.
(SUBHRO KAMAL MUKHERJEE, J.) (KALIDAS MUKHERJEE, J.) kc.
A.R.(C.R.)