1998 (6) TMI 90

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....etitioner. He is heard on the question of admission. 2.Learned Counsel submitted that in this petition and in connected petitions listed today, being W.P.No. 859 of 1998 [M/s. R.B. Polysacks, Indore v. The Commissioner (Appeals)] W.P. No. 860 of 1998 [M/s. Commercial v. Commissioner (Appeals)] W.P. No 861 of 1998 [M/s. Neo Sack Ltd., Indore v. The Commissioner Appeals)] W.P. No 862 of 1998 [M/s. ....

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....ave been served by keeping all these petitions pending as the question involved in these petitions appears to be clearly covered by a judgment of this Court and other Courts passed from time to time. Reference in this regard is sufficient to be made, to a judgment reported in 1995 (77) E.L.T. 64 (MP) (M/s. Siddarth Tubes Ltd. v. Union of India). In this view of the matter I have declined to grant ....

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....ity with the provisions contained in Section 35F of the Central Excise Act, 1944. 5.However, without expressing any opinion of the propriety, correctness or illegality of the impugned order I deem it fit to give a direction to respondent No. 1 Commissioner (Appeals) to hear and consider the petitioners' appeals on merits within a period of three months from the date of communication of this order....