1998 (6) TMI 90

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....with Shri Upadhyaya Counsel for the petitioner. 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 Commission....

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.... of this Court, no useful purpose would have 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 vie....

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....d. According to him the order is in conformity 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....