LAWS(SC)-1994-12-83

ALDOC PHARMACEUTICALS Vs. COLLECTOR OF CENTRAL EXCISE JAIPUR

Decided On December 16, 1994
ALDOC PHARMACEUTICALS Appellant
V/S
COLLECTOR OF CENTRAL EXCISE, JAIPUR Respondents

JUDGEMENT

(1.) The tribunal has found no material placed before it to show that Morgen Dew Laboratory was the Loan Licensee of the appellant-unit. The counsel for the appellant, however, brings to our notice two documents, namely (i) Form 28-A licence (under Rule 76-A of the central Excise Rules) dated 31/8/1985/2/9/1985; and (ii) a letter dated 10/9/1989 from the Medical and Health Directorate Rajasthan, Jaipur, addressed to Morgen Dew Laboratory, purporting to renew the aforesaid Form 28-A licence. Though counsel asserts that these two documents were brought to the notice of the tribunal as well as the Collector, the tribunal's order does not contain any reference to either of these documents. One of the Collector's orders does contain a reference to the first document, but not to the second document. In the circumstances, the proper course for the appellant is to file an application before the tribunal bringing the above documents to its notice and ask for appropriate orders.

(2.) With the above directions, the appeals are dismissed.