C.C.E. And S.T. Jaipur-I vs M/S Mitsui Prime Advanced ...
2023 Latest Caselaw 991 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               D.B. Central/excise Appeal No. 35/2019
C.c.e. And S.t. Jaipur-I,
                                                                      ----Appellant
                                      Versus
M/s Mitsui Prime Advanced Composite India Pvt Ltd.
                                                                    ----Respondent

For Appellant(s) : Mr. Kinshuk Jain For Respondent(s) : Mr. Daksh Pareek Mr. Shashank Shekhar

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MRS. JUSTICE SHUBHA MEHTA

Order

30/01/2023

Heard learned counsel for the parties on the delay

condonation application.

There is a delay of 159 days in filing the appeal.

We have considered the delay condonation application and

heard the counsel for the respondent.

We are satisfied that the delay is adequately explained and

the appellant was prevented by sufficient cause from filing the

appeal in time.

Accordingly, the delay in filing the appeal is condoned subject

to payment of cost of Rs.5,000/- to be deposited with the Registry

on or before the next date and the said cost would be utilized for

the benefit of the litigants.

Delay condonation application No.868/2019 is allowed.

Learned counsel for the appellant submits that the

controversy arising in this writ petition has already been settled by

(2 of 2) [EXCIA-35/2019]

the Apex Court. He may be allowed sometime to produce a copy

of the said judgment.

Counsel for the respondent on the other hand submits that it

is not so and there is a preliminary objection that the appeal itself

is not maintainable.

In view of the respective submissions made by the parties,

we direct the matter to be listed after two weeks. In the

meantime, counsel for the appellant may produce the copy of the

decision of the Supreme Court.

(SHUBHA MEHTA),J (PANKAJ MITHAL),CJ

N.K. GANDHI//LAKSHYA SHARMA/45

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