2017 (10) TMI 1300

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e second respondent has been declared as insolvent, this Court deems it appropriate that it can exercise discretion in the case and grant time within which the petitioner can file an appeal before the CESTAT - while declining to entertain the writ petition, liberty is granted to the petitioner to file an appeal before the CESTAT - petition disposed off. - W.P.No.19308 of 2017 & W.M.P.Nos.20811 & .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... to pay the amount as demanded in the impugned order dated 18.04.2017. 4.After hearing the learned counsel on both sides for a considerable length of time, this Court finds no reason to adjudicate the correctness of the impugned order. It may not be necessary for this Court to go into the disputed questions of fact, which obviously cannot be and should not be done in a writ petition, especial .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he petitioner can file an appeal before the CESTAT. Accordingly, while declining to entertain the writ petition, liberty is granted to the petitioner to file an appeal before the CESTAT and if such appeal is filed within a period of thirty days from the date of receipt of a copy of this order, the Tribunal is directed to entertain the appeal without reference to limitation. Accordingly, this .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X