2016 (4) TMI 1030

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..... FOR THE APPLICANT : MR RJ OZA, ADVOCATE FOR THE RESPONDENT : MR G RAMAKRISHNAN, ADVOCATE, MR IS SUPEHIA, ADVOCATE, MS E.SHAILAJA, ADVOCATE, RULE SERVED BY DS ORAL ORDER This application was listed for hearing and appropriate orders on 26.2.2016. On 26.2.2016, after hearing Mr. Oza, learned Senior Counsel for the applicant, Mr. Ramakrishnan, learned advocate for the opponent No.1, Mr.....

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.... applicant, submitted that the officer of the applicant has filed an affidavit of service dated 3.3.2016 declaring that copy of the application is forwarded to the opponent No.2 by registered post and advance copy of the application is provided to Assistant Solicitor General of India and that so far as opponent No.8 is concerned, direct service is effected by serving copy of the application to the....

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....ondent No.1. The issue as regards justiciability and / or maintainability of the applicant's claim can be and will be considered at the time when the petition is considered and decided on merits. At that time, the respondents will have opportunity to make submissions and raise objections with regard to the claim of present applicant. However, so far as the request made in this application is c....

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....ovisions under the Central Excise Act, 1944. Therefore, this application deserves to be granted. 9. In view of this Court, the application deserves to be granted. Therefore, following order is passed:- 9.1 The application is allowed in terms of paragraph - 7[B]. 9.2 The applicant is allowed to join, at its cost, the proceedings related to Special Civil Application No.2194 of 2005. Appr....