The Principal Commissioner, Central Excise vs. Shree Digvijay Cement Co. Ltd
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SECTION III
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
PETITION FOR SPECIAL LEAVE TO APPEAL (C) NOS. 19947, 19992, 27194, 34316, 36195 AND 36746 OF 2014 WITH PRAYER FOR INTERIM RELIEF
The Commissioner of Customs, Central Excise & Service Tax, Guntur. Etc. ........Petitioners
Versus-
M/s. Parasakthi Cement Industries Ltd. Etc. .........Respondents
OFFICE REPORT
S.L.P. © NO. 19947 and 19992 of 2014
The matters abovementioned were listed before the Hon'ble Court on 8 th August, 2014, when the Court was pleased to pass the following order:
"Issue notice. Tag with SLP © No. 39230 of 2013"
Accordingly, show cause notice was issued on 18th September, 2014 to the sole respondent by Regd. A.D. Post in both the matters. A.D. Card duly signed and stamped has been received back from the sole respondent in S.L.P. © No. 19992 of 2014 but no one has filed Vakalatnama/Appearance on behalf of the said respondent so far. Neither A.D. Card nor unserved cover containing the notice has been received back from the sole respondent in S.L.P. © No. 19947 of 2014.
S.L.P. © NO. 27194 of 2014
The matter abovementioned was listed before the Hon'ble Court on 7 th November, 2014, when the Court was pleased to pass the following order:
"Issue notice. Tag with SLP © No. 25857/2011."
Accordingly, show cause notice was issued on 24th November, 2014 to the sole respondent by Regd. A.D. Post. Neither A.D. Card nor unserved cover containing the notice has been received back from the sole respondent so far. A copy of show cause notice was also handed over to Mr. B.K. Prasad, Advocate (Standing Counsel for Union of India) but he has not filed Vakalatnama/Appearance on behalf of sole respondent so far.
S.L.P. © NO. 34316 of 2014
The office report was listed before the Ld. Registrar's Court on 18th March, 2015, when the following order was passed:
"The learned counsel for the petitioner shall within a period of four weeks file the spare copies of the petition whereafter notice shall be issued to the respondent with utmost dispatch.
List again on 8.7.2015."
It is submitted that show cause notice could not issued as the counsel for the petitioner has only on 9 th June, 2015 filed spare copy of SLP for issue of show cause notice to the sole respondent. The same is barred by time by 55 days and the counsel for the petitioner has not filed an application for condonation of delay in filing spare copy of SLP.
S.L.P. © NO. 36195 of 2014
The matter abovementioned was listed before the Hon'ble Court on 15th December, 2014, when the Court was pleased to pass the following order:
"Delay condoned. Issue notice. Tag with SLP © No. 25857 of 2011."
Accordingly, show cause notice was issued on 16th January, 2015 to the sole respondent by Regd. A.D. Post. Mr. Balaji Srinivasan, Advocate has on 25th February, 2015 field Vakalatnama/Appearance on behalf of sole respondent but has not filed counter affidavit so far.
S.L.P. © NO. 36746 of 2014
The matter abovementioned was listed before the Hon'ble Court on 18th December, 2014, when the Court was pleased to pass the following order:
"Delay condoned. Issue notice. Mr. Prashanth S. Shivadass, learned counsel, accepts notice on behalf of the sole respondent. Tag with SLP © No. 25857 of 2011."
Accordingly, show cause notice was issued on 22nd January, 2015 to the sole respondent through Mr. Prashanth S. Shivadass, Advocate. Mr. M.P. Devanath, Advocate has on 5 th January, 2015 filed Vakalatnama/Appearance on behalf of sole respondent but has not filed counter affidavit so far.
It is further submitted that neither counsel for the petitioner has filed an application for amendment of cause title nor counsel for the respondent has clarified regarding the change of name of respondent Company as the stamp affixed on the Vakalatnama/Appearance shown as M/s. ABB India Ltd. Instead of M/s. ASEA Brown Boveri Limited.
The office report is listed before the Ld. Registrar's Court for orders. Dated this the 4th day of July, 2015.
ASSISTANT REGISTRAR
Copy to:
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- Mr. B.K. Prasad, Advocate Central Agency Section.
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- Mr. M.P. Devanath, Advocate 5, Jangpura Extn. Link Road, New Delhi – 110 014.
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- Mr. Balaji Srinivasan, Advocate 24, Lawyer's Chamber.
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- Mr. Arup Banerjee, Advocate 22, Lawyer's Chambers.
ASSISTANT REGISTRAR
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