2019 (6) TMI 950

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....<br>W.A.(MD)No.590 of 2019 And C.M.P(MD)Nos.4836 and 4837 of 2019 And W.P.(MD)No.6694 of 2019 And WMP(MD)Nos 5346 to 5348 and 7090 of 2019 - -<br>Central Excise<br>Mr. Justice K. Ravichandrabaabu And Mr. Justice Senthilkumar Ramamoorthy For the Petitioner : Ms.P.Bagyalakshmi For the Respondents : Mr.B.Vijay Karthikeyan JUDGMENT ************ K.RAVICHANDRABAABU, J. The Writ Appeal ....

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....s seen that the Commissioner, GST and Central Excise, Trichirappalli, passed an order in Original No.01/2018, Central Excise, dated 09.01.2018 against the writ petitioner, wherein and whereby he confirmed the demand of an amount of Rs. 70,01,123/- (Rupees Seventy Lakhs One Thousand One Hundred and Twenty Three only) etc.,, as found in the said order. According to the writ petitioner, the said orde....

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....rned counsel for the writ petitioner submitted that in effect the petitioner seeks permission to withdraw the writ petition itself with liberty to file a statutory appeal before the appellate authority, challenging the very order in Original, since what is put to challenge is only consequential detention notice. 5.On the other hand, the learned counsel for the respondents submitted that the ord....

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.... not entitled to challenge the consequential proceedings viz., the detention notice. Hence, in our considered view, the Writ petition itself is not maintainable. However, as the learned counsel for the writ petitioner/appellant herein is expressing the desire of the writ petitioner to file such statutory appeal before the appellate authority challenging the very order in original, this writ appeal....