LawDistill
Supreme Court of India

M/S RAMCHANDRA REXINES (P) LTD vs COMMISSIONER OF CENTRAL EXCISE BANGALORE-1 on 28 August, 2015

Cites 1 provisionsCites 0 judgmentsCited by 0
C.A. No.-006651-006653 - 2015Official PDFBench Anil Ramesh Dave, Adarsh Kumar GoelAdvocates SUSHIL BALWADA
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(s). 6651-6653 OF 2015
(ARISING OUT OF S.L.P. (C) Nos. 14424-14426 of 2015)
M/S RAMCHANDRA REXINES (P) LTD
AND ORS. ... APPELLANT(S)
VERSUS
COMMISSIONER OF CENTRAL EXCISE
BANGALORE-1 ...RESPONDENT(S)
J U D G M E N T

Leave granted.

Heard learned counsel for the parties.

We have been shown a copy of the Order dated 4.04.2012 passed in Civil Appeal Nos. 11411-11413 of2011, the same reads as follows:

“Learned senior counsel appearing for the

appellants seeks leave to withdraw the

appeals with liberty to file an appeal

under Section 35-G of the Central Excise

Act, 1944, before the High Court.

Accordingly, the appeals are dismissed as

not pressed with liberty as prayed. If the

appellants file the appeal within eight

weeks from today, the same shall be

considered by the High Court on merits

without reference to the period of

limitation.”

It has been submitted by the learned counsel

appearing for the appellants that in pursuance of the

aforesaid order, the appellants had filed appeals

before the High Court. The High Court has disposed of

the said appeals without going into the merit by

saying that the statutory appeals should have been

filed before this Court.

It is pertinent to note that this Court had

observed in the aforesaid Order dated 4.04.2012 that

the High Court had to decide the case on merits but

without going into the merits of the case, the High

Court has disposed of the appeals.

In our opinion, it was not proper on the part of

the High Court to dispose of the appeals without

going into the merits of the case. In the circumstances, JUDGMENTthe appeals are allowed, the impugnedjudgment is set aside and the appeals shall be

restored at their original numbers and shall be heard

by the High Court on merit.

The matters shall be fixed for hearing before the

High Court on 16.11.2015. Order dated 5.05.2015

passed by this Court granting interim relief to the

petitioners herein shall continue till 30.11.2015.

The appeals are allowed with no order as to

costs.