IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 17353 of 2007(N) -------------------------- PETITIONER(S): --------------- M/S.CALICUT RUBBER COMPANY, INDUSTRIAL ESTATE, WEST HILL, CALICUT- 673005, REP.BY ITS MANAGING PARTNER, K.S.PAUL RAJ, AGED 54 YEARS, S/O.K.S.STEPHEN, MAMRE NAGAKANTIPARAMBU, B.G.ROAD, CALICUT. BY ADVS SRI.C.S.MANU RI.S.K.PREMRAJ SRI.ANOOP JOSEPH SRI.ANOOP.V.NAIR RESPONDENT(S): ------------------ 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF CENTRAL EXCISE AND CUSTOMS, GOVERNMENT OF INDIA, NEW DELHI. 2. COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS, CALICUT COMMISSIONERATE, CENTRAL REVENUE BUILDING, MANANCHIRA, CALICUT- 673001. 3. COLLECTOR OF CENTRAL EXCISE, COCHIN. 4. ASSISTANT COMMISSIONER OF CENTRAL EXCISE, CALICUT. 5. SUPERINTENDENT (ADJUDICATION), OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE & CUSTOMS, CALICUT COMMISSIONERATE, CRC, MANNANCHIRA, CALICUT- 673001. R1 BY SRI.P.PARAMESWARAN NAIR, ASGI R2 TO 5 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SC,CB EX THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.11.2011, THE COURT ON 30/11/2011 DELIVERED THE FOLLOWING: VK WP(C).No. 17353 of 2007(N) ----------------------------------- APPENDIX ------------- PETITIONER'S EXHIBITS ----------------------------- EXT.P1. COPY OF THE ORDER NO.595 T5O 598/95 DATED 27.10.1995 ISSUED BY THE CUSTOMS, EXCISE, GOLD (CONTROL) APPELLATE TRIBUNAL. EXT.P2. COPY F THE LETTER BEARING NO.C.NO.V/16A/15/04/85C, ADJ.P1 III DATED 7.9.2000 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXT.P3. COPY OF THE REPRESENTATION DATED 30.11.2000 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P4. COPY OF THE LETTER DATED 2.2.01 BEARING NO.C NO.V/16A/15/4/85 CX.ADJ.PT.III/156 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXT.P5. COPY OF THE LETTER NO.C. NO.V/16A/15/4/85 CX.ADJ. DATED 15.9.2006 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P6. COPY OF THE JUDGMENT IN WPC NO.27874/06 DATE 24.11.06 EXT.P7. COPY OF THE NOTICE DATED 11.1.07 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXT.P8. COPY OF THE REPRESENTATION DATED 5.2.07 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P9. COPY OF THE REPRESENTTION DATED 9.2.07 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P10. COPY OF THE LETTER BEARING NO.C NO.V/16A/15/4/85 CX.ADJ. DATED 12.2.2007 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P11. COPY OF THE ORDER C. NO.V/16A/15/4185/CXADJ./308 AND SL. NO.14/2007 DATED 30.3.2007 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS : NIL ------------------------------ / TRUE COPY / P.A. TO JUDGE VK S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.17353 of 2007 ---------------------------------------------- Dated this the 30th day of November, 2011 JUDGMENT The petitioner challenges Ext.P11 order of the Commissioner of Central Excise & Customs, Calicut in proceedings under the Central Excise Act. The learned Standing Counsel for the Board of Excise and Customs submits that the petitioner has already filed an appeal before the Customs, Excise and Service Tax Appellate Tribunal, Bangalore against Ext.P11 order, which has been numbered as E/457/2007. In the above circumstances, without prejudice to the right of the petitioner to pursue the said appeal, this writ petition is dismissed. S. SIRI JAGAN, JUDGE acd