2013 (11) TMI 1310

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..... 0-2013 - Mohit S Shah And M S Sanklecha, JJ. For the Appellant : Mrs. Manjula Rao i/b. P. C. Kansara For the Respondent :Mr. Pradeep S. Jetly JUDGEMENT:- It is pointed out by respondent No.1 in the affidavit in reply dated 13 September 2013 of Mr. Bharat R. Nawale, Assistant Commissioner, Central Excise Service Tax, Ratnagiri Division that the petitioner has still not paid an am .....

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..... g beyond the period of limitation to file an appeal and by the Tribunal, it is open to this Court to entertain the present Writ Petition under Article 226 of the Constitution as it challenges the order in original passed by the adjudicating authority. It is submitted that the remedy of an appeal would have been much wider, then a writ petition, however, it would not mean that a Writ Petition would .....

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..... hand, learned Counsel Mr. Jetly appearing for respondent No.1 supports the order in original and submits that Writ Petition is not maintainable. 6 Having heard learned Counsel for the parties, we pass the following order:- (a) RULE. (b) Heard learned Counsel for the question of interim relief. (c) We record the statement of learned Counsel for the petitioner that the petitioner w .....

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