M/S RAMCHANDRA REXINES (P) LTD AND ORS Vs. COMMISSIONER OF CENTRAL EXCISE BANGALORE-1

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 6651-6653 of 2015, Judgment Date: Aug 28, 2015

                                                              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 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  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 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.

       The appeals are allowed with no order as to costs.

                                               ...........................J.
                                                             (ANIL R. DAVE)



                                                ..........................J.
                                                        (ADARSH KUMAR GOEL)

        NEW DELHI,
        AUGUST 28, 2015