1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR CENTRAL EXCISE APPEAL No. 4/2007 (Commissioner of Central Excise Vs. M/s APR Packaging Ltd. & anr.) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Mr. F.T. Mirza, Adv. for the appellant. CORAM : D.D. SINHA & SMT. VASANTI A. NAIK, JJ. RESERVED ON : 5 th MARCH, 2008 PRONOUNCED ON: 11 th MARCH, 2008 The present appeal is preferred against the order passed by the CESTAT which has relation, amongst other things, to the determination of the question having relation to the rate of duty of excise. Mr. F.T. Mirza, the learned counsel for the appellant, does not dispute that Central Excise Appeal No. 12/2006 wherein a similar issue was involved, has already been dismissed by this Court by a judgment dated 11/2/2008 on the ground that the appeal would not lie before this 2 Court and would lie before the Hon'ble Supreme Court in view of the provisions of Section 35 (G) (1) and Section 35(L)(b) of the Central Excise Act, 1944. For the reasons recorded in the judgment dated 11/2/2008 in Central Excise Appeal No. 12/2006, this appeal is also dismissed with no order as to costs. JUDGE JUDGE RMP