2015 (1) TMI 994

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..... es that No appeal shall lie from a decree passed by the Court with the consent of parties. The decree passed by the Tribunal being a consent decree, this appeal is clearly not maintainable and is liable to be dismissed on this ground alone. - Decided against Revenue. - Central Excise Appeal No. 444 of 2010 - - - Dated:- 13-3-2014 - Ashok Bhushan and Mahesh Chandra Tripathi, JJ. Shri S.P. K .....

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..... followed by the Tribunal in the case of Great Galleon Ltd. v. Commissioner of Central Excise, Indore reported in 2009 (16) S.T.R. 169 (Tri - Del.). Finding no dispute, we allow the appeal and also dispose of the stay application . 4. Sri Vivek Chaudhary, learned counsel for the respondent has raised a preliminary objection regarding maintainability of the appeal. He submits that the order passe .....

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..... tion (9) the provision of Civil Procedure Code, in so far as the appeals to the High Court are concerned are applicable. 6. Sub-section (3) of Section 96 of Civil Procedure Code provides that No appeal shall lie from a decree passed by the Court with the consent of parties. The decree passed by the Tribunal being a consent decree, this appeal is clearly not maintainable and is liable to be dism .....

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