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2016 (2) TMI 912 - MADRAS HIGH COURT

2016 (2) TMI 912 - MADRAS HIGH COURT - TMI - When the petitioner has got appeal remedy before the CESTAT the averment stated in the affidavit cannot be accepted. In these circumstances, the Writ Petition is liable to be rejected. - W.P.No.5501 of 2016 and W.M.P.No.4842 of 2016 - Dated:- 15-2-2016 - Mr. M.DURAISWAMY, J For Petitioner: Mr.Joseph Prabakar For Respondents: Mr.A.P.Srinivas ORDER The petitioner has filed the above Writ Petition to issue a writ of certiorari to call for the records of .....

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is maintainable for the reason that in the impugned order, the 2nd respondent not only held that the appeal is barred by limitation, but also went on to decide the appeal on merits. The learned counsel submitted that when the 2nd respondent had found that the appeal is time barred, the 2nd respondent should not have gone into the merits of the matter. Even as against the impugned order passed by the 2nd respondent, deciding the question of limitation as well as on merits, when the petitioner ha .....

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