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Saurabh Alloy Castings Ltd. v/s Cegat


Company & Directors' Information:- SAURABH ALLOY CASTINGS LIMITED [Strike Off] CIN = U27101MP1985PLC002805

Company & Directors' Information:- D. H. CASTINGS PRIVATE LIMITED [Active] CIN = U27310PB2009PTC033256

Company & Directors' Information:- C S CASTINGS PRIVATE LIMITED [Active] CIN = U27105PB2000PTC024010

Company & Directors' Information:- CASTINGS INDIA PVT LTD [Active] CIN = U27101WB1996PTC078196

Company & Directors' Information:- A J CASTINGS PRIVATE LTD [Active] CIN = U74899DL1987PTC027618

Company & Directors' Information:- G S C CASTINGS PRIVATE LIMITED [Active] CIN = U27100PB1996PTC017826

Company & Directors' Information:- A G CASTINGS PRIVATE LIMITED [Strike Off] CIN = U27310PB1997PTC019495

Company & Directors' Information:- L P CASTINGS PVT LTD [Amalgamated] CIN = U13209DL1980PTC011006

Company & Directors' Information:- P R CASTINGS PVT LTD [Active] CIN = U27320PB1992PTC012673

Company & Directors' Information:- J S CASTINGS PVT LTD [Strike Off] CIN = U27109PB1991PTC011706

Company & Directors' Information:- R S CASTINGS PRIVATE LIMITED [Active] CIN = U27101HR1984PTC017261

Company & Directors' Information:- D K CASTINGS PRIVATE LIMITED [Active] CIN = U27310BR1992PTC005061

Company & Directors' Information:- C. I. U. CASTINGS PVT. LTD. [Active] CIN = U27209WB1994PTC064109

Company & Directors' Information:- D S CASTINGS PRIVATE LIMITED [Active] CIN = U27200MH1980PTC023599

Company & Directors' Information:- N B ALLOY AND CASTINGS PRIVATE LIMITED [Active] CIN = U27109PB1991PTC011560

Company & Directors' Information:- M. P. ALLOY PRIVATE LIMITED [Strike Off] CIN = U28111UP1995PTC018405

Company & Directors' Information:- B B CASTINGS PRIVATE LIMITED [Strike Off] CIN = U28939CH1997PTC020062

Company & Directors' Information:- D M K CASTINGS PVT LTD [Active] CIN = U27310PB1986PTC006752

Company & Directors' Information:- S R CASTINGS PRIVATE LIMITED [Strike Off] CIN = U27105PB1989PTC009964

Company & Directors' Information:- M I CASTINGS PRIVATE LIMITED [Active] CIN = U74899DL1983PTC016451

Company & Directors' Information:- J P CASTINGS PVT LTD [Strike Off] CIN = U29111MP1985PTC002758

Company & Directors' Information:- S M S CASTINGS PVT LTD [Strike Off] CIN = U27310GJ1981PTC004660

Company & Directors' Information:- A K CASTINGS PVT LTD [Strike Off] CIN = U27310WB1981PTC034277

Company & Directors' Information:- B D K ALLOY PRIVATE LIMITED [Amalgamated] CIN = U27106KA1973PTC002355

    Writ Petition 1425 of 2000

    Decided On, 18 May 2005

    At, High Court of Madhya Pradesh

    By, THE HONOURABLE MR. JUSTICE N.K. MODY

    For the Appearing Parties: R. Jain, Vivek Phadke, Advocates.



Judgment Text

(1.) BEING aggrieved by the order dated 19-4-2000 (Annexure P/11) passed by Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi, whereby appeal filed by the petitioner has been dismissed, present petition has been filed.

(2.) LEARNED Counsel for the petitioner submits that vide interim order dated 27-3-2000, petitioner was to make pre-deposit of duty amount of Rs. 15,00,000/-, which could not be deposited by the petitioner. At the time of hearing, petitioner prayed for withdrawal of the appeal to approach Customs and Central Excise Settlement Commissioner, which was not permitted by the appellate Tribunal and the appeal was dismissed.

(3.) LEARNED Counsel for the petitioner placed reliance on Section 32pa of the Central Excise Act, 1944, which lay down that any person can move an application to the appellate Tribunal for permission to withdraw appeal. It further lay down that on receipt of an application, the appellate Tribunal shall grant permission to withdraw the appeal.

(4.) LEARNED Counsel for the respondents submits that no application was filed by the petitioner in accordance with law. Therefore, the prayer which was made orally was rightly rejected.

(5.) IN view of the facts and circumstances of the case, this petition is disposed of with the direction that petitioner shall be at liberty to approach the appellate Tribunal by moving an appropriate application within a period of one month along with a certified copy of the order of this Court. If such an application is filed, then the same shall be considered in accordance with Section 32pa of the Central Excise Act, 1944. Till then, the operation of the order dated 19-4-2000 (

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Annexure P/11) shall remain in abeyance. At the time of disposal of representation the competent authority shall suitably amend the order Annexure-P/11 so far as it relates to the petitioner.
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