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TMI Blog2015 (1) TMI 620X X X X Extracts X X X X X X X X Extracts X X X X ..... learned counsel for the respondent within two weeks from the date of receipt of a copy of this judgement. It appears that the petitioner was not aware of disposal of the appeal and remitting the appeal to challenge the appellate order after keeping the case pending for a decade in this court will not enure to the benefit of the parties. - Petition disposed of. - W.P. (C) No. 30662 of 2004(A) - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m; (b) issue, a writ of certiorari or other appropriate writ, direction or order calling for the records relating to the Appeal No. 567/1985 pending before the second respondent, the order of penalty against which the appeal emerged; (bb) issue a writ of certiorari or other appropriate writ, direction or order calling for the records relating to the Ext. R1(b) order passed by the second ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed in 1989 and the same cannot be ordered to be reconstituted to this distance of time. Annexure R1(b) order is an appealable order. Therefore, the writ petition is not maintainable. 6. Learned counsel for the petitioner has relied upon the decision reported in Bhavya Apparels (P) Ltd. and another v. Union of India and another - (2007) 10 SCC 129 = 2007 (216) E.L.T. 347 (S.C.). In this case, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner was not aware of disposal of the appeal and remitting the appeal to challenge the appellate order after keeping the case pending for a decade in this court will not enure to the benefit of the parties. Therefore, I direct as follows : 8. It is open to the petitioner to file a fresh appeal before the second respondent on or before 25th March, 2014 along with a copy of this judgment. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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