Full Judgment Text
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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 of
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2011, 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
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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, the appeals are allowed, the impugned
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judgment 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.
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The appeals are allowed with no order as to
costs.
...........................J.
(ANIL R. DAVE)
..........................J.
(ADARSH KUMAR GOEL)
NEW DELHI,
AUGUST 28, 2015
JUDGMENT
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