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2015 (9) TMI 87 - BOMBAY HIGH COURT

2015 (9) TMI 87 - BOMBAY HIGH COURT - 2015 (321) E.L.T. 568 (Bom.) - Maintainability of Appeal Competent person to file Appeal Only apprehension of appellant is that Tribunal has made certain observations and drawn certain conclusions which would affect appellant adversely There was serious debate on maintainability of appeal at instance of appellant who was not party before Tribunal Held that:- Tribunal rendered above findings and conclusions without giving any opportunity to Appellant .....

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g of said term under Customs Act Appeal disposed of. - Customs Appeal No. 67 OF 2014 - Dated:- 10-3-2015 - S.C. Dharmadhikari & S.P. Deshmukh, JJ. For the Petitioner : Mr. Shiraz Rustomjee, senior counsel with Mr. Hemant Prabhulkar, Mr. Ranjeet Vaghani i/b Juris Consultus For the Respondent : Mr. Darius Shroff, senior counsel with Mr. Kazan Shroff and Mr. Pinkesh Shah i/b M/s. Mulla & Mulla and Craigie Blunt & Caroe and Mr. Pradeep S. Jetly P.C. : 1. After having heard this matter .....

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t certain orders would be passed in pursuance thereof only relying on the observations and conclusions of the Tribunal in the impugned order. 2. There was a serious debate on the maintainability of the appeal at the instance of the JNPT who was not a party before the Tribunal. 3. In the circumstances, we put to Mr. Rustomjee our suggestion that if we give appropriate clarifications whether the JNPT is interested in pressing this appeal. After taking instructions Mr. Rustomjee informed the Court .....

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