IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE. ORIGINAL SIDE. ORIGINAL SIDE. CENTRAL EXCISE APPLICATION NO. 43 OF 2003. CENTRAL EXCISE APPLICATION NO. 43 OF 2003. CENTRAL EXCISE APPLICATION NO. 43 OF 2003. The Commissioner of Central Excise, Pune I. ..Applicant. vs. M/s Hortsman India Pvt.Ltd. ..Respondent. Shri S.S. Pakale for the applicant. CORAM: V.C.DAGA & CORAM: V.C.DAGA & CORAM: V.C.DAGA & J.P.DEVADHAR,JJ. J.P.DEVADHAR,JJ. J.P.DEVADHAR,JJ. DATED: 20-4-2005. DATED: 20-4-2005. DATED: 20-4-2005. P.C. 1. Heard learned Counsel for the applicant. 2. In view of the judgment of this Court in the case of Collector of Central Excise, Pune vs. Tata Engineering & Locomotive Co. Ltd 2003(158) ELT 130 (SC), the question does not survive. Application is, therefore, dismissed with no order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.) ********