WP(C) 4293/2010 BEFORE THE HON’BLE MR. JUSTICE U.B. SAHA When this instant writ petition is taken up, Mr. A.S. Choudhury, the learned sen ior counsel appearing for the petitioner submits that the petitioner may be allo wed to withdraw the instant writ petition with a liberty to file an appeal befor e the appropriate Forum as described under the statute. He also submits that thi s Court may allow the petitioner to file the same beyond the period of limitatio n being the petitioner approached to a wrong Forum. Heard Mr. B. Sarma, learned Standing Counsel, Central Excise and Customs , who submits that this Court can allow to withdraw the writ petition but this C ourt has no power to condone the delay as the condonation of delay lies with the appropriate Forum wherein the appeal can be preferred. In view of the submissions of the learned counsel for the parties, the p etitioner is allowed to withdraw this petition being the same is preferred in a wrong Forum and can also prefer an appeal before the appropriate Forum if so ad vised with application for condonation.