Shree Ganesh Knit (India) Ltd. vs Commissioner of Central Excise

Bhaskar Bhattacharya, ACJ

It appears that against a common order disposing of four different appeals, one combined appeal has been filed at the instance of those four different appellants. During the pendency of this appeal, on the prayer of the appellants, name of appellant No. 2 has already been, deleted. In such circumstances, the learned advocate appearing on behalf of the appellants prays for deleting the name of appellant Nos. 3 and 4 and to treat this appeal as one filed by appellant No. 1 alone with liberty to file separate appeals on behalf of the other appellants.

Let this appeal be treated as one filed at the instance of Shree Ganesh Knit (India Ltd.) after deleting the names of the other appellants. The memorandum of appeal and the application for condonation of delay be amended accordingly.

After hearing the learned counsel for the parties and after going through the explanation given in the application, we are convinced that sufficient cause has been made out for not preferring the appeal within the period of limitation.

We thus condone the delay of 156 days in preferring the appeal. The appeal be registered. Let the appeal come up for admission on May 2, 2012. The application thus stands disposed of.