(A.K. Sikri and Rohinton Fali Nariman, JJ.)
Commissioner of Central Excise, Nagpur _________________ Appellant
v.
M/s. Vidarbha Veneer Industries Ltd. & Ors. _________ Respondent(s)
Civil Appeal Nos. 4479-4488 of 2008, decided on July 18, 2016
The Order of the court was delivered by
Order
1. The respondent-company is in liquidation. On our specific query put to the learned counsel for the liquidator, he has informed that the assets of the company have been disposed of by the official liquadator and only a sum of Rs. 6,10,393.33 is lying with the official liquidator in the credit of the said company.
2. Since there is no money for payment, even if this appeal is allowed and the Excise Department is held entitled to recover the amount, it would not be in a position to recover any amount from the company in liquidation. Therefore, we do not deem it proper to go into the merits of this appeal because of the aforesaid reason.
3. The civil appeals are, accordingly, dismissed leaving the question of law open.
Civil Appeal Nos. 4479-4488/2008
C.C.E., Nagpur ___________________________________ Appellant
v.
M/s. Vidharbha Veneer Industries Ltd. & Ors __________ Respondent(s)
Date: 18/07/2016 These appeals were called on for hearing today.
(Before A.K. Sikri and Rohinton Fali Nariman, JJ.)
For Appellant(s)
Mr. Yashank Adhyaru, Sr. Adv.
Mr. Atulesh Kumar, Adv.
Ms. B. Sunita Rao, Adv.
Mr. B. Krishna Prasad, Adv.
Mr. Anurag, Adv.
For Respondent(s)
Mr. S. C. Sharma, Adv.
Mr. Charan Singh, Adv.
Mr. M. A. Chinnasamy, Adv.
Mr. M. P. Devanath, Adv.
UPON hearing the counsel the Court made the following
Order
4. The appeals are dismissed in terms of the signed order.
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