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Commissioner Of Central Excise ... vs M/S Hero Motocorp Limited on 22 November, 2022

Bench: Sanjay Kishan Kaul, M.M. Sundresh

                                                        1


                                    IN THE SUPREME COURT OF INDIA

                                     INHERENT JURISDICTION


                                REVIEW PETITION (CIVIL) NO. 704/2022
                                                   IN
                                        M.A. NO. 1675/2021
                                                   IN
                                     C.A. NOS. 1600-1605/2018



                         COMMISSIONER OF CENTRAL EXCISE DEHRADUN        ..Petitioner(s)

                                    VERSUS


                         M/S. HERO MOTOCORP LIMITIED                    ...Respondent(s)


                                                     O R D E R

Application for listing Review Petition in open Court is rejected.

M.A. No. 1675/2021 post dismissal of Review Petition was found to be a gross abuse of process of law and dismissed by an order dated 12.11.2021.

We also noticed that despite this in ground ‘M’ in the application a false averment has been made that the Review Petition was only dismissed on limitation and thus that was found to be a ground itself, apart from anything else for dismissal of the application. Now, the present Review Petition has been filed in that M.A.! Signature Not Verified On examination of the same, we see no reason Digitally signed by Charanjeet Kaur Date: 2022.11.24 17:20:56 IST Reason: whatsoever, to entertain this application in view of what has been set out above.

Accordingly, the Review petition is dismissed.

…………………………………………………J. [SANJAY KISHAN KAUL] ………………………………………………J. [M.M. SUNDRESH] NEW DELHI;

NOVEMBER 22,2022.

ITEM NO.1001                                         SECTION X

                S U P R E M E C O U R T O F     I N D I A
                        RECORD OF PROCEEDINGS

R.P.(C) No. 704/2022 in MA 1675/2021 in C.A. No. 1600-1605/2018 COMMISSIONER OF CENTRAL EXCISE DEHRADUN Petitioner(s) VERSUS M/S HERO MOTOCORP LIMITED Respondent(s) (IA No. 9272/2022 - APPLICATION FOR LISTING REVIEW PETITION IN OPEN COURT, IA No. 9276/2022 - PERMISSION TO PLACE ADDITIONAL FACTS AND GROUNDS) Date : 22-11-2022 This matter was circulated today. CORAM :

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH By Circulation UPON hearing the counsel the Court made the following O R D E R Application for listing Review Petition in open Court is rejected.

The Review Petition is dismissed. Pending application stands disposed of. [CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [ Signed order is placed on the file ]