Vs Lignite Power Pvt Ltd vs The Commissioner
2021 Latest Caselaw 13187 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Misc. Application No. 46/2021

Vs Lignite Power Pvt Ltd, Registered Office At 8-2- 293/82/a/431/a Road No. 22, Jubilee Hills, Hyderabad, 500033 Works Office At Village Gurha, Tehsil Kolayat, District Bikaner, Rajasthan-334302

----Petitioner Versus The Commissioner, Cgst And Central Excise, G-105, New Industrial Area, Jodhpur-342003

----Respondent

For Petitioner(s) : Mr Sharad Kothari For Respondent(s) : Mr Rajvendra Saraswat

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment / Order

27/08/2021

This application under Section 151 CPC read with

Section 35G of the Central Excise Act, 1944 has been preferred on

behalf of the applicant-appellant seeking clarification/modification

in the order dated 25.08.2021 passed by this Court in D.B.Central

Excise Appeal No.4/2021.

Learned counsel for the applicant-appellant has

submitted that as per his statement before this Court on

25.08.2021 that the applicant-appellant is ready to abide by the

condition of pre-deposit for the purpose of entertaining the appeal

by the appellate authority, this Court remanded the matter back to

the appellate authority for consideration of the appeal on merits.

Learned counsel for the applicant-appellant has further

submitted that the applicant had earlier filed DB Civil Writ Petition

(2 of 2) [CMAP-46/2021]

No.9268/2019, wherein this Court vide order dated 06.09.2019

had determined a sum of Rs.50 lac as pre-deposit for the right of

appeal before the CESTAT. It is, therefore, prayed that a specific

amount of pre-deposit i.e. Rs.50 lac may be determined in this

case also.

Having considered the facts and circumstances of the

case, we deem it just and proper to determine the amount of pre-

deposit payable by the applicant-appellant for consideration of the

appeal to be heard on merits by the appellate authority.

Hence, it is ordered that the applicant-appellant shall

deposit a sum of Rs.50 lac as pre-deposit within a period of

fifteen days from today with the appellate authority for

consideration of the appeal to be heard on merits by it.

The order dated 25.08.2021 passed in C.B.Central

Excise Appeal No.4/2021 stands clarified/modified accordingly.

The application stands disposed of.

(VINIT KUMAR MATHUR),J (VIJAY BISHNOI),J

masif/-PS

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