bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO.94 OF 2009 Commissioner of Central Excise ..Appellant Vs. M/s.GES Polymers Pvt.Ltd. ..Respondent Mr.A.S.Rao with Mr.R.B.Pardeshi for appellant. Mr.M.H.Patil for respondent. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. DATE : 25TH NOVEMBER,2009 P.C. 1. Heard. Perused appeal. 2. Mr.Rao pointed out that one of the contentions i.e. the assessment order was a conditional order and the respondent-assessee had not complied with the said condition, has not been dealt with by the Tribunal. Under these circumstances, he wants to go before the Tribunal either for clarification or for rectification. In this view of the matter, the appeal is allowed to be withdrawn with the aforesaid liberty keeping all contentions on open. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)