1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO.96 Of 2007 The Commissioner of Central Excise .. Appellant. Versus M/s.Kappac Pharma Ltd., .. Respondent. Mr.K.R. Chaudhari with Mr.S.D. Bhosale for the Appellant. Mr.D.K. Shetty for the respondent. CORAM : DR.S. RADHAKRISHNAN & CORAM : DR.S. RADHAKRISHNAN & CORAM : DR.S. RADHAKRISHNAN & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 3RD April, 2008 DATED : 3RD April, 2008 DATED : 3RD April, 2008 P.C. : 1. Heard learned counsel for the appellant- revenue and the learned counsel for the respondent. 2. The learned counsel for the appellant fairly states that both the questions in this Appeal deal with the issue of classification and in view thereof, he seeks leave to withdraw the Appeal with liberty to adopt appropriate proceedings before the Hon’ble Supreme Court of India. 3. The Appeal is allowed to be withdrawn with liberty as prayed for. No costs. DR.S. RADHAKRISHNAN, J. 2 J.P. DEVADHAR, J.