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TMI Blog2014 (2) TMI 1191X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER This is an appeal under Section 35G of Central Excise Act challenging an order dated 5-4-2005 passed by the Custom, Excise and Service Tax Appellate Tribunal. On going through the records and after considering the objection raised by Shri Sushrut Dharmadhikari with regard to maintainability of this appeal, it is seen that initially challenging the same order, an appeal was filed under Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stantial question of law arises for consideration. He submitted that the remedy of the petitioner is to file a writ petition and he prayed for leave to withdraw this appeal with liberty to file a petition under Article 226 of the Constitution. This appeal is dismissed with liberty to the petitioner to file a writ petition. The certified copy of the impugned order annexed with the appeal be retur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on 23-8-2006 as indicated herein above operates as Res judicata so far as hearing of this appeal is concerned. That being so, till the order passed on 23-8-2006 stands and is not withdrawn, reviewed/recalled or set aside in a proper proceedings, no indulgence in this appeal can be made by this Court now. Accordingly finding no case for indulgence, this appeal is dismissed with liberty to the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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