C.W.P.No.7283 of 2007 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.7283 of 2007 Date of Order: 15.3.2011 M/s HMT Ltd .....Petitioner Vs. Union of India and others .....Respondent CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. M.P. Dev Nath, Advocate for the petitioner. Mr. H.P.S Ghuman, Sr. Standing Counsel for Union of India. ADARSH KUMAR GOEL, J This petition seeks quashing of minutes of the Committee of Disputes dated 21.9.2006 (P.8) and 9.10.2006 (P.9) denying the petitioner right to pursue the matter on merits before the Central Excise and Service Tax Appellate, Tribunal (for short “the Tribunal”). Case of the petitioner is that it is a Public Sector Undertaking and is manufacturer of Tractors. There was a dispute about its claim for modvat credit. After giving show cause notice under the provisions of Central Excise Act, 1944, Order-in-Original dated 22.6.1994 was passed against the petitioner raising the demand of duty. On appeal the matter was remanded for fresh adjudication. On 31.1.2006, fresh order was passed by the Commissioner of Central Excise reiterating demand of duty. The petitioner filed an application before the Committee of Secretaries for permission to challenge the order of adjudication in view of the judgment of C.W.P.No.7283 of 2007 #2# Hon'ble Supreme Court in ONGC v. CCE, 1995 Supplement (4) SCC 541. Vide the impugned order, Committee declined the permission. Learned counsel for the petitioner submits that in view of the recent judgment of Hon'ble Supreme Court in Electronics Corporation of India Ltd v. Union of India, 2011-TIOL-18-SC-CX-CB, the requirement of obtaining permission from the Committee no longer exists and the petitioner can directly file an appeal. He, therefore, seeks permission to withdraw the petition with a view to file appeal and also seeks direction that the appeal be not treated as time barred. Sh. H.P.S Ghuman, Senior Standing Counsel appearing for Union of India has no objection to the prayer being granted. In view of the above, the petition is allowed to be withdrawn with liberty to the petitioner to take appropriate remedies in accordance with law. If an appeal is filed by the petitioner within 30 days, the same may not be taken as barred by limitation in view of the pendency of the matter in this Court. ( ADARSH KUMAR GOEL ) JUDGE March 15, 2011 ( JASWANT SINGH ) manoj JUDGE