(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.8677 OF 2007 M/s.Shivnath Rai Harnarain (India) Ltd..Petitioner Vs. Union of India & Ors. .......Respondents Mr.Arshad Hidaytulla, Senior Advocate with Mr. S.N.Kantawala with Mr. Vinod Kothari, Mr. Brijesh Pathak i/b. M/s.Apex Law Partners for the petitioner. Smt. S.V. Bharucha with Shri R.C. Master i/b. H.P. Chaturvedi for Respondent U.O.B. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & R.S.MOHITE,JJ. R.S.MOHITE,JJ. R.S.MOHITE,JJ. DATED: 29TH FEBRUARY,2008 DATED: 29TH FEBRUARY,2008 DATED: 29TH FEBRUARY,2008 P.C.: P.C.: P.C.: . The Tribunal by order dated 4th August, 2003 had allowed the request of the Petitioner to make an application for consolidation of proceedings to the Central Board of Excise and Customs and consequently had set aside the impugned order. 2. Similarly by another order of 31st December, 2005 pertaining to another sugar factory (in respect of other than 3 sugar factories which are subject matter of the earlier appeal) set aside the order with the direction to obtain decision of the Board and thereafter to proceed in the matter. (-2-) 3. The Board thereafter by its order No.17/2006-Central Excise dated 16th June, 2006 directed consolidation of four show cause notices as set out in the order. . Grievance of the petitioners is that the Board has not consolidated all the show cause notices which were required to be consolidated so that an effective order could be passed. We now find that in respect of the show cause notice issued to M/s.Sant Tukaram S.S.K. Ltd., Kasarsai it is kept in the D.C. Pune Division and in case of M/s.Daulat S.S.K. Ltd., the documents are kept pending with A.C. (Bond)Mumbai-1 for finalization of proof of export order of consolidation is yet to be passed. . In case any other show cause notices are pending relatable to the issue we direct the petitioners herein to apply to the Board for consolidation of these show cause notices also with the show cause notice already consolidated by the order dated 16th June, 2006. We are informed that there are two other show cause notices. The decision to be taken as early as possible on the petitioners so applying. 4. It is the contention of the petitioners that (-3-) for the purpose of showing that in fact the goods had been exported they would require the documents in respect of the sugar factories which have participated in the export proceedings and as such those documents should be made available to them when the show cause notices are being adjudicated.We find that the request is reasonable. We, therefore, direct the respondents and the Adjudicating Officer to call for the record and proceedings which the petitioners may apply for in the proceedings before the A.O. so as to enable the petitioner to establish their case. It will be open to the petitioners to apply for documents from the proceedings for the purpose of producing them before the A.O. in support of their contention. 5. Considering the above the impugned order dated 3rd September, 2007 is set aside and consequently the order of the Commissioner (Appeals) dated 23rd March, 2007 is also set aside and the matter is remanded back to the Commissioner of Central Excise, Pune-II, to proceed with the matter in terms of what we have aforestated. 6. The Commissioner, Central Excise, Pune II, before whom the four show cause notices have been consolidated to proceed in the matter after the (-4-) Board passes the order on the representation made by the petitioners herein. Such representation to be made within four weeks from today. 7. Rule made absolute accordingly. There shall be no order as to costs. (R.S.MOHITE, J.) (R.S.MOHITE, J.) (R.S.MOHITE, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)