Commissioner Of Central Excise vs India Oil Corporation Limited on 27 August, 2010

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                          MA No.45 of 2007
                            COMMISSIONER OF CENTRAL EXCISE
                                                  Versus
                              INDIA OIL CORPORATION LIMITED
                                                -----------

For the Appellant: Mrs. Nivedita Nirvikar, Advocate
Mrs. Archana Sinha, Advocate
For the Respondent: Mr. D.V. Pathy, Advocate

————-

5 27-08-2010 Mr. D. V. Pathy, learned counsel for the

respondent-Indian Oil Corporation raises a preliminary

objection that there is no averment in the appeal that the

appellant has obtained clearance from the concerned

Committee to continue this litigation against a Public

Sector Undertaking. In reply, learned counsel for the

appellant submits that she has with her letter showing

that required clearance has been obtained from the

concerned Committee. She prays for two weeks time to

bring on record the aforesaid fact through affidavit.

Let this matter be listed under the same

heading after expiry of two weeks.

(Shiva Kirti Singh, J.)

BKS/- (Hemant Kumar Srivastava, J.)