HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR CENTRAL EXCISE APPEAL No. 61 of 2014 Date: 04.06.2014 Between:
M/S. Sri Lakshmi Prabha Engineering & Fabrication Works, Visakhapatnam.
… Appellant And The Commissioner of Customs, Central Excise & Service Tax, Commissionerate-I, Visakhapatnam.
… Respondent This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR CENTRAL EXCISE APPEAL No. 61 of 2014 JUDGMENT: (Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) Learned counsel for the appellant, after arguing the matter for sometime, submits that his client does not want to press the appeal. However, he prays time to make payment of the amount due and payable in terms of the Tribunal’s order dated 26.04.2013 may be extended to enable his client to pay the same.
We therefore allow the appellant to pay the amount as directed by the learned Tribunal in its previous order dated 26.04.2013 within a period of three weeks from the date of receipt of a copy of this order, failing which, this order will stand vacated. If payment is made in terms of the above order, the appeal will stand restored and the learned Tribunal will hear the matter on merit in that case.
Subject to the above observations, the appeal is dismissed. No order as to costs.
Miscellaneous petitions, if any, pending in this appeal shall stand dismissed.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 04.06.2014 ES