jpc IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORIGINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO. 55 OF 2010 M/s Empire Industries Ltd. .. Appellant Versus The Commissioner of Central Excise Mumbai-III .. Respondent Mr. Prakash Shah i/by PDS Legal for the Appellant Mr. A. S.Rao a/w Mr. R. B. Prdeshi for the Respondent CORAM: V. C. DAGA, & S. J. KATHAWALLA, JJ. DATED: 3rd August, 2010 P. C.: 1. Heard learned counsel for the appellant and the leaned counsel for the respondent. Perused appeal. 2. On the motion made by the learned counsel appearing for the petitioner, the application moved for remission of excise duty under Rule 21 of the Central Excise Rules, 2002 is allowed to be withdrawn by consent of the parties.. 3. In view of the withdrawal of the application, the orders passed on the application and/or in appeal shall stand set aside and the application for remission of excise duty is dismissed as withdrawn. 4. This order shall not come in the way of the appellant to claim any other relief, if available, in appropriate forum in accordance with law. 5. Appeal is accordingly disposed of with no order as to costs ( S. J. KATHAWALLA, J.) (V. C. DAGA, J.)