SHELLY ISPAT UDYOG Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) Allowed as prayed for.

(2.) Counsel for the applicant/appellant submits that the applicant/appellant filed C.W.P. No. 19090 of 2012 (wrongly referred to as 2011), challenging the impugned order. The writ petition was dismissed as withdrawn with liberty to the applicant to file an appeal. The delay occasioned on account of filing of the writ petition may be condoned.

(3.) Counsel for the respondent states that filing of the writ petition cannot be considered as sufficient cause to condone delay of 146 days in filing the appeal.