AGK AGK AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO.58 OF 2008 Union of India & Others ..Appellants. V/s. M/s.Litaka Pharmaceuticals Ltd. ..Respondent. Mr.R. Asokan for the Appellant. CORAM : D.K. DESHMUKH & J.P. DEVADHAR, JJ. DATED : 27TH AUGUST, 2008. P.C. : 1. The learned counsel appearing for the appellant states that it is clear from the order of the tribunal that the view that has been taken by the tribunal is completely covered by the decision of the Larger Bench of tribunal in the case of Gujarat Narmada Valley Fertilizers Co. Ltd. Vs. GGE reported in 2007 (208) E.L.T. 342 (Tri.LB). He further states that if the Revenue has not challenged that judgment of the Tribunal and has accepted it, this appeal cannot be entertained. He seeks time to find out whether that judgment has been challenged by the Revenue. 2. In view of this submission of the learned counsel for the appellant, in our opinion following order would meet the ends of justice. 3. In case within a period of two weeks from today, the appellant files an affidavit disclosing details in case the said order of the tribunal has been challenged about the number of the appeal and in which Court the challenge has been made, the Office shall place this appeal for admission immediately thereafter. If no such affidavit is filed, on expiry of two weeks, this appeal shall be treated as rejected. D.K. DESHMUKH, J. J.P. DEVADHAR, J.