(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) In view of the fact that order impugned in this petition is one appealable before CESTAT and further in view of the fact that such order that the tribunal may pass would be further appealable before the Apex Court and not before the High Court, counsel for the petitioners sought permission to withdraw this petition to enable the petitioners to file statutory appeal before CESTAT.
Permission, as prayed for, is granted.
Counsel for the petitioner, however, submitted that since this petition remained pending before this Court for a long time, the question of limitation may arise before the tribunal. We are sure that if the petitioners, alongwith their appeal, also file an application seeking condonation of delay, and making out grounds for such delay, the tribunal shall consider the same in accordance with law. The period spent by the petitioners in pursuing the proceedings petition would be considered for the purpose of limitation in accordance with the provisions of the Limitation Act.
Subject to above observations, petition is disposed of as withdrawn. Notice is discharged.
[AKIL KURESHI, J.] [HARSHA DEVANI, J.] JYOTI Top