1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 1064 of 2005 1 Mohan Rocky Springwater Breweries Ltd. and anr. ..Petitioners vs. 1 Union of India and anr. ..Respondents Mr.S.N.Kantawalla with Mr.Brijesh Pathar3e i/b Mr.B.G.Tangsali for petitioners. Mr.P.S.Jetly for respondents. CORAM: V.C.DAGA AND K.K.TATED JJ 7th January, 2010 P.C. 1 Heard rival parties. Perused petition and impugned orders. 2 This petition is directed against the order dated 27th January 2005 passed by the Customs Excise and Service Tax Appellate Tribunal, West Zone, Bench at Mumbai whereby and whereunder the order passed by the 1st appellate authority refusing to condone delay 2 in appeal preferred against the order-in- original dated 26th September, 2003 was confirmed. 3 The appeal preferred against that order-in-original could not be decided on merits for want of condonation of delay. 4 The learned Counsel appearing for the petitioners submits that two contradictory orders of the Tribunal running counter to each other are holding the field in the case of petitioner itself, the one impugtned in the petition and another dated 22nd September, 2003 produced at Exh.A. 5 Having heard rival parties, the consensus between them is that two contradictory orders in respect of the same petitioner cannot be allowed to hold the field. Thus looking to the consensus between them the impugned orders are set aside and the matter is remanded back to the authority- in-original for consideration afresh keeping 3 all rival contentions open and making it clear that the deposit already made by the petitioner would continue to remain with revenue till final adjudication of the dispute in question. 6 In the result, Rule is made absolute. No order as to costs. (K.K.TATED J.) (V.C.DAGA J.)