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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CENTRAL EXCISE APPEAL NO. 94 OF 2010
M/s.Hanila era Textiles Ltd. ... Appellant.
V/s.
Union of India and others. ... Respondents.
J.J.Bhatt, Senior Advocate with A.M.Sethna i/b.
J.B.Ansari for the appellant.
R.V.Desai, Senior Advocate with R.B.Pardeshi
for the respondents.
CORAM : V.C.DAGA AND R.M.SAVANT, JJ.
DATED : 21st September 2010.
P.C. :
Heard Shri Bhatt, learned senior counsel for the
appellant and Shri Desai, learned senior counsel for the
respondents. Perused appeal.
2. This appeal is directed against the order of the
Customs, Excise and Service Tax Appellate Tribunal, West
Zonal Bench at Mumbai (“Tribunal” for short) whereby and
whereunder the appeal filed by the appellant was dismissed
for noncompliance of the order directing predeposit in the
2 cexa-94.10.sxw
sum of Rs.3 crore under section 35F of the Central Excise
Act, 1944 (“Act” for short).
The Facts :
4. The appellant herein is a 100% EOU engaged in the
manufacture of various yarn products attracting central
excise duty under the Central Excise Tariff Act, 1985. The
appellant submitted an application for permission to sell
yarn produced by it in DTA to Development Commissioner,
SEEPZ which was granted to the extent of Rs.16,88,78,212/
as against Rs.19,29,90,000/ claimed by the appellant. The
order to the extent it denied permission was challenged in
Writ Petition No.2388/2000 before this Court. This Court
was pleased to direct the Development Commissioner to grant
full entitlement. Accordingly, the appellant requested the
Development Commissioner to grant further permission for
the balance entitlement of Rs.12,82,90,000/ as directed by
this Court vide its order dated 31st October, 2001 passed in
Writ Petition No.2388/2000, which was ultimately granted by
the Development Commissioner vide his order dated 9th
January, 2002.
Rival Submissions :
dismissed by the Tribunal for noncompliance of the order of
predeposit.
Consideration :
with the order of predeposit. No steps were taken by the
appellant to get the petition circulated and obtain
appropriate orders from the writ Court. The petition was
kept pending in the registry right upto 15th June, 2010. No
steps were taken even before the Tribunal to get the period
of eight weeks extended so as to comply with the order of
predeposit dated 3rd September, 2009. Under these
circumstances, the question before us is: whether the
Tribunal was justified in dismissing appeal for want of
compliance of the order of predeposit dated 3rd September,
2009.
(Emphasis supplied)
thus, rightly dismissed for noncompliance of the order of
predeposit.
23. The aforesaid view of ours is in consonance with
the view of this Court in the case of P.Narayan Pillai v.
T.V.Rangrajan, 1974 Mh.L.J. 352; wherein, in more or less
similar facts, writ Court had refused to entertain
petition.
24. We may place it in record that, during the course
of hearing, it was suggested to the appellant to
unconditionally comply with the order of predeposit so
that Revenue can be persuaded to agree for consent order to
see that the appellant gets an opportunity to prosecute
their appeal on merits. However, appellant refused to
comply with the order of predeposit without putting any
conditions. In the circumstances, we are left with no
other alternative but to dismiss the appeal.
25. In the result, appeal is dismissed in limine for
want of substantial question of law with no order as to
costs.
(R.M.SAVANT, J.) (V.C.DAGA J.)