SUBHASH PROJECTS AND MARKETING LIMITED Vs. THE COMMISSIONER OF CUSTOMS AND DUCTILE IRON PIPES AND CASTINGS MANUFACTURERS ASSOCIATION

JUDGEMENT

(1.) THIS Miscellaneous Application for intervention has been filed by Ductile Iron Pipes and Castings Manufacturers' Association in the matter of Subhash Projects and Marketing Ltd., Bangalore v. Commissioner of Customs, Cochin.

(2.) THE circumstances leading to the above mentioned Miscellaneous Application are as follows. It is seen that the applicant is an association representing domestic Indian manufacturers of Ductile Iron Pipes and Castings. The Bangalore Bench of CESTAT in the Miscellaneous Order No. M/568/2007 dated 12.11.2007 passed in appeal No. C/384/2007 referred the following issue to the Hon'ble President of the Tribunal for constituting a Larger Bench to decide the issue.

(3.) DR . Samir Chakraborty, learned advocate appeared on behalf of the applicant. Shri v. Raghuraman, learned advocate appeared on behalf of the appellant. It was stated that against the decision of the Tribunal dated September 10, 2004 in the case of Pratibha Industries (supra), the assessee has preferred an appeal before the Hon'ble Supreme Court, which has been admitted and registered as Civil Appeal No. 53/2005. The said appeal is pending and is on ready for hearing board (as submitted by learned advocate Shri G. Shivadass). J.V. Gokal & Co., the respondent in Appeal No. C/678/04, however, has preferred an appeal against the said order dated September 10, 2004 before the Hon'ble Bombay High Court, which has been registered as Customs Appeal No. 24/2004. The said appeal is also pending. Shri Chakravarthy informed the Bench that the applicant has filed applications for impleadment / intervention in the said pending appeals before the Hon'ble Supreme Court and Bombay High Court.