Mumbai Court April 2001 Judgments

Oil and Natural Gas Corporation Ltd., Bombay Vs. Essar Steel Ltd., Bom ...

Court: Mumbai

Reported in: 2002(1)ALLMR737; 2002(2)BomCR379; 2002(1)MhLj699

B.N. Srikrishna, J. 1. This appeal under Section 39 of the Arbitration Act, 1940 (hereinafter referred to as '1940 Act') impugns an order of the learned Single Judge dated 6-9-2000 dismissing the petition of the appellant under Section 30 for setting aside an arbitration award.2. The facts necessary for deciding the appeal are as under :--(a) The appellant is a government company engaged in the business of exploration and exploitation of Hydro Carbons. The appellant got a project approved called 'Water Injection Pipeline and Platform Modification' ('WIPPM') which was to be executed at the Bombay High Offshore field. This project was intended to arrest further decline of the oil well pressure and thereby prevent oil production loss and had certain amount of national importance. Sometime in the year 1985, by a notice the appellant invited tenders for execution of the WIPPM project. Several companies including the respondent submitted their tenders. On a scrutiny of the tenders it was fou...

Mukand Ltd. Vs. Mukand Staff and Officers Association

Court: Mumbai

Reported in: 2002(2)ALLMR405; [2001(90)FLR971]; (2001)IILLJ1421Bom

D.Y. Chandrachud, J.1. These proceedings arise in an appeal against the Judgment dated December 1, 1999, of a learned single Judge of this Court in a petition under Article 226 of the Constitution. The Petition was filed by the Appellant in Appeal No. 194 of 2000, Mukand Limited, against an Award of the Industrial Tribunal delivered on March 26, 1998 in Reference (IT) No. 3 of 1993. The Reference before the Industrial Tribunal arose out of the demands of the Union, the First Respondent before the Court in Appeal No. 441 of 2000. The Reference was made by the appropriate Government under Section 10(1)(d) of the Industrial Disputes Act, 1947. The learned single Judge having affirmed the award of the Industrial Tribunal in substantial part, Appeal No. 194 of 2000 has been filed by the employer. The companion Appeal, Appeal No. 441 of 2000 has been filed by the Union for the purpose of impugning a portion of the Judgment of the learned single Judge by which the Award of the issue of Dearne...

Jai Singh Chauhan Vs. Punjab National Bank and ors.

Court: Mumbai

Reported in: [2001(90)FLR903]; (2001)IILLJ1372Bom

A.P. Shah, J.1. Rule. Respondents waive service. By consent. Rule is made returnable forthwith.2. Whether an employee who has applied for voluntary retirement under the Voluntary Retirement Scheme (VRS) introduced by the respondent No. 1 Punjab National Bank, is competent to withdraw the same before its acceptance by the Bank in accordance with Clause 10 of the scheme is the short question that falls for consideration in this petition under Article 226 of the Constitution of India.3. The petitioner was appointed in clerical grade in the erstwhile New Bank of India with effect from February 10, 1979. He was later on promoted as 'Officer in Junior Management Grade' (JMG-1). In 1991, the petitioner was chargesheeted for threatening and abusing a peon of the bank and domestic enquiry was initiated against him. In the mean time, New Bank of India merged with the respondent No. 1 Bank. By order dated July 4, 1995, a major penalty of 'reversion to a lower post from JMG Scale to clerical scale...

Oriental Insurance Co. Ltd. Vs. Srimati S. Sawant and anr.

Court: Mumbai

Reported in: 2002(1)BomCR382; [2002(93)FLR40]

A.M. Khanwilkar, J.1. This appeal is filed under section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the said Act'), taking exception to the order passed by the Commissioner, Workmen's Compensation dated 26th June, 2000.2. This First Appeal has been filed by the Insurance Company. The appellant has assailed the order mainly on the ground that it was not liable to pay compensation under the provisions of the said Act. Whereas, the original complainant, respondent No. 1 in the first appeal has filed the above numbered cross objection praying for awarding interest and penalty under section 4-A of the said Act.3. The events giving rise to the filing of these proceedings are that :The respondent No. 1 filed an application dated 26th June, 1987 before the Commissioner of Workmen's Compensation, Government of Goa, claiming compensation from respondent No. 2. M/s. Aquarius Pvt. Ltd., contending that her husband Shripad V. Sawant met with fatal accident in the course...

Hamco Mining and Smelting Co. Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2001)(76)ECC500

1. The appellant imported four consignments of aluminium scrap which was used in relation to manufacture of its finished product. It took additional duty of customs paid on the scrap as modvat credit on 28.9.95. At the relevant time, the second proviso under Sub-rule (2) of Rule 57G provided that credit should not be taken beyond six months after the issue of the duty paying documents specified in the first proviso under that Sub-rule, among which was included a bill of entry.2. The additional duty was paid on the four consignments in question on 24.3.95. The credit was taken six months after the payment of duty. The department issued notice proposing to disallow the credit, taken alleging that the second proviso had been contravened. The Asstt.Commissioner, whose order has been confirmed by the Commissioner (Appeals), confirmed the proposal in the notice. Hence this appeal.3. The appellant is absent and unrepresented despite notice. We have read the memorandum of appeal and heard the...

Super Soaps (Goa) Pvt. Ltd. Vs. Commissioner of Customs and Central

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. Super Soaps (Goa) Pvt. Ltd., the common applicant in both these applications was at the relevant time, a job worker manufacturing out of raw materials entirely supplied by Hindustan Lever Ltd. (HLL for short) toilet soap, which it returned to HLL. Appeal E/1667/97 is against the order of the Commissioner (Appeals) confirming the order of the Asst. Commissioner holding that the applicant ought to pay duty, not, as it claimed, on the cost of manufacture of the soap but at the price at which the buyer sold the goods. The Commissioner (Appeals) has also confirmed the Asst. Commissioner's view that in view of the unavailability of the same price of HLL, addition of 20% to the cost of manufacture declared by the applicant was justified.2. Appeal 161/01 is against a later order of the Commissioner of Central Excise. In this order, the Commissioner has enhanced the cost of manufacture of the soap by the applicant on the ground that the department has concluded that the value of assessment ...

M/S. Krishna Steel Rolling Mills Vs. Commissioner of Customs,

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. Copies of the order-in-original which were filed do not contain details of any date and number of the order so as to be able to relate to the order-in-appeal.Despite a notice issued to the applicants consultant the same orders have been produced.Therefore we give this final opportunity to produce the copes of the order containing the (sic) details and also appropriately attested....

Newkem Products Corporation Vs. Commissioner of Central Excise,

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2001)(133)ELT96Tri(Mum.)bai

1. The appeals are taken up for disposal withe consent of both sides after waiving deposit.2. In determining the classification of thermolite hard setting and nulite hardsetting two products manufactured by the applicant, the Commissioner (Appeals) has applied the ratio of is earlier order dated 30.7.99.3. That order has been set aside by this Tribunal in appeal E/3657/99 filed by the appellant. The Tribunal has overruled the classification under heading 6807.90 determined by the Commissioner (Appeals).Following the ratio of this decision, these appeals are allowed and the impugned order set aside.4. The early hearing application does not survive and is hence dismissed....

Swastik Dyeing and Bleaching Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. The question for consideration in the appeal is whether in determining for the purpose of the Hot Air Stenter Independent Textile Processors Annual Capacity Determination Rules, 1998, the capacity of the hot air stenter in the appellants factory, the rail length of the galleries in the stenter should be included or not. Applying the ratio of the decision of the Tribunal in C.M. Paints Pvt. Ltd. vs. CCE 2000 (120) ELT 829, the Commissioner has in the order impugned before us, held the rail length to be includable. That decision is no longer good law, having been overruled by the larger bench in Sangam Processors Bhilwara Ltd. vs. CCE 2001 (127) ELT 679, holding the mail length of galleries not to be includable in determining the capacity of the stenter.2. Accordingly, after waiving deposit of the duty demanded, we allow the appeal and set aside the impugned order....

Steelco Gujarat Limited. Vs. Commissioner of C. Ex. and Cus.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2001)(134)ELT434Tri(Mum.)bai

1. On hearing Shri J.C. Patel, Advocate for the applicants and Shri Bodade for the Revenue, it appeared that at this stage itself the appeal could be taken up for disposal. This was done on granting waiver of pre-deposit of penalty of Rs. 3,54,374/-.2. The assessees manufactured excisable goods and cleared them without payment of duty to M/s. Shree Precoated Steel Ltd. in terms of Notification 47/94-C.E. (N.T.), dated 22-9-1994. This notification permitted duty-free clearance of goods which would be used in the manufacture of further goods for export. The notification prescribed that the movement of the goods should be governed by the provisions of Chapter X of the Central Excise Rules, 1944. In terms of these provisions the recipient manufacturer was required to possess a registration certificate in the form of R 2 and the movement of the goods would covered under a C.T. 2 certificate. In terms of Rule 92 of the rules this concession would cease "on the expiry of the registration cer...