Mumbai Court December 2004 Judgments

Hindustan Organic Chemicals Ltd. Vs. Apollo Trade Ltd.

Court: Mumbai

Reported in: 2005(2)BomCR594; [2006]133CompCas877(Bom); (2005)4CompLJ69(Bom); 2005(2)MhLj58; [2005]62SCL270(Bom)

S.U. Kamdar, J.1. The present petition is filed under section 434 of the Companies Act, 1956 for winding up of the respondent company on the ground that the company is unable to pay its debt.2. According to the petitioner, pursuant to the orders placed by the company from time to time the petitioner supplied to the respondent diverse quantities of phenol. It is further case of the petitioner that in respect of the said supply of goods an amount was due and payable by the company to the petitioner. According to the petitioner the said amount was liable to be paid within the period of 60 days from the date of supply of the goods under each of the invoice. According to the petitioner, after the period of credit is expired i.e. 60 days, the petitioners are entitled to levy 2% what is known as delayed payment charges. For the aforesaid claim of 2%, the petitioners are relying upon the printed clause on the invoice which inter alia reads as Under:--The agreed credit period for payment of due...

Abdul Mutalik Rajjak Musalman and ors. Vs. Khubai Majidkha Musalman an ...

Court: Mumbai

Reported in: 2005(1)ALLMR593; 2005(5)BomCR823

Dabholkar N.V., J.1. Original plaintiffs challenged the judgment and order dated 1-2-1992 passed by 3rd Additional District Judge, Jalgaon in Civil Appeal No. 443/1984 on his file, By this decision, the learned District Judge allowed the appeal of original defendant No. 4 challenging the judgment and order dated 18-10-1984 passed by Civil Judge (Junior Division), Erandol in R.C.S. No. 160/1979, which was filed by present appellant. To speak in brief, the trial Court had decreed the suit of plaintiffs for specific performance. The learned District Judge has converted the decree to only refund of earnest.2. The facts of the litigation required to be noted are as follows :-Plaintiff Rajjak and deceased Hussain were true brothers. Rajjak approached the Court against legal heirs of Hussain i.e. widow and three daughters (including two married daughters) with a suit for specific performance. It was contended that gut No. 124 of Bambori, Tq. Erandol, Dist. Jalgaon was the ancestral property. ...

Suresh Shetye Vs. Shri Prasad Khalidas Divkar and ors.

Court: Mumbai

Reported in: III(2005)BC359

N.A. Britto, J.1. This appeal is filed against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881, (The Act, for short) by Judgment/Order dated 12th November, 2003 of the learned J.M.F.C., Mapusa.2. The case of the complainant, briefly stated, is that the accused approached him for a friendly loan of Rs. 75,000/- which the complainant gave to the accused and the accused in turn gave to the complainant two cheques dated 31.3.1999 for Rs. 50,000/- and dated 30.4.1999 for Rs. 25,000/-, which cheques the complainant deposited in Goa Urban Cooperative Bank, Mapusa, but they were returned with the endorsement 'Account Closed' dated 29.7.1999. The complainant then sent a legal notice dated 5.8.1999 demanding the payment of the said Rs. 75,000/- within 15 days which notice was returned to the complainant with the endorsement 'Unclaimed returned to sender' on 19.8.1990. Thereafter the complainant filed the complaint.3. The complainant examined himself and, in...

Essar Oil Ltd. Vs. Cc

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. Appellants for setting up a refinery at Jamnagar had, for the said purpose, imported in the following three consignments capital goods.---------------------------------------------------------------------Bill of Entry No. & date Description of goods CIF Value--------------------------------------------------------------------- F-42/18-5-1999 Control System Cabinets 15,00,12,946/- F-43/18-5-1999 Control System Cabinets 9,77,76,783/- F-49/2-6-1999 Fittings 1,87,89,374/---------------------------------------------------------------------- 2(a) The initial Warehousing period was valid till 18-5-2000 in terms of section 61(1) (b) of the Customs Act, 1962. Appellant's request for extension of the Warehousing period was rejected by the department on 18-6-2001. Thereafter, three demand notices dated 18.6.2001, 25.7.2001, and 27.7.2001 were issued to them under 72 of the Custom Act 1962 directing to forthwith remove the said goods on payment of duty and interest.b) In the meantime, appe...

Cce Vs. Cosmos Films Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. Heard both sides. The ld. JDR appearing for the revenue submitted that the issue relates to modvat credit on capital goods. In the present case the goods involved are Transformers, Electrical Control Panel, PVC Cables, Tarpaulin, Doors & Frames, D.C. Drives etc. He submitted that these are the electrical goods they do not quality as capital goods in view of the definition as contained in Rule 57A/57Q of the Central Excise Rules, 1944. He, therefore, contended that the appeal may be allowed.2. The ld. Counsel appearing for the respondent submitted that the appellant has already reversed credit on certain goods on which the appellant was not entitled to avail the credit. However as regards the electrical goods they fully qualify as capital goods in view of the decision in the case of Jawahar Mill Ltd. reported in 2001 (132) ELT 3 (S.C.) and other decisions as mentioned below: -Bihar State Export Corp Ltd. v. CCE - 2004 (163) ELT 462 (Tribunal)G.T.C. Industries v. CCE 10. S.N. Sun...

Creative Castings Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

(a) Issue involved is the classification and levy on duty under the Central Excise Act 1944 on certain quantity of molten metal taken out for testing the specifications of the ailing mix. which is required by this manufacturer engaged in the manufacture of investment process castings.2. The molten metal was taken up from the furnace and allowed to solidify for quality testing on spectrometer in the internal Laboratory of the factory. This nondestructive sampling and testing operation is a continuous one. The sample after testing is returned to the melting furnace, melted and used for production of castings. This and entire manufacturing process of castings in the Appellant's factory is well within the knowledge of the Department.3. During the course of Audit by the Central Excise Audit party in April 1977 it was contended by the Audit Officers that excise duty on such samples was required to be paid since such samples were not exempted from duty. On the insistence of the Audit, the Ap...

Cce Vs. Suman Art Prints and ors.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2005)(121)LC106Tri(Mum.)bai

1. Revenue is in appeal against the order of Commissioner (Appeals) in having set aside the order of the Additional Commissioner, who had confirmed duty demands on four show cause cum demand notices. The CCE (Appeals) did not fund on grounds of wilful suppression of value of clearance, misdeclaration of complete manufacturing activities, floating of two dummy manufacturing units and contravention of Central Excise Rules by M/s. Suman Art Printers and cause for penalties on M/s.Pushpa Arts, M/s. N.S. Subhalakshmi, Mr. Shalei N. Sukkhati and Shri V.N. Nagale and confiscations. The grounds taken in appeal are: (a) The units M/s. Punpa Art and S.N. Printers are dummy and were floated to fragment clearance of M/s. Suman Art printers to remain within the notfn. 175/1986 exemption.2. It is found that the issue of clubbing under notfn. 175/1986 is settled by the Apex Court vide its decision the case of Supreme Washers (P) Ltd. Following the same, it is found that mutually of interest and inte...

ispat Industries Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2005)(186)ELT475Tri(Mum.)bai

1. The issue relates to denial of refund of accumulated credit. The appellants claimed refund of Rs. 5,36,02,238/- being the credit in their MODVAT account of duty paid on the inputs that have gone into the manufacture of final products (CR Coils, GP Coils CC sheets etc falling under chapter 72 of Central Excise Tariff Act), which were exported out of the country. Refund of such accumulated credit is permissible under Rule 57-AC(7) under certain conditions. The Commissioner (Appeals) confirmed the order of the lower adjudicating authority rejecting the refund claim. The Commissioner (Appeals) confirmed the order on the following grounds. We quote: "The most important limitations/condition is given against Sr. No. 5 of the Appendix which reads as under:- The Refund is allowed only in those circumstances where a manufacturer is not in a position to utilize the credit of the duty on inputs allowed under Rule 57AB of the said rules against goods exported during the quarter or month to whi...

Perfect Circle Victor Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2005)(180)ELT496Tri(Mum.)bai

1. Appellants purchase duty paid asbestos sheets for manufacture of 'Gaskets' and avail credit of duty paid. Duty was demanded on remnants of asbestos sheets, left over, after Gaskets are purchased out of the sheets. Such remnants, which cannot be further used, as sheets, or for Gasket making, are sold as waste by the appellants.2. According to the notice issued, the entity so sold by the appellants was to be classified under Heading 6805.90 as "Articles of asbestos sheet" while admitting them to be in nature of 'waste' as per Para 2 of the Notice issued. On perusal of the tariff and on reading of the head notes of 68/2 in HSN for Articles of Asbestos, the entity cannot be classified thereunder as is the case for Cork under Chapter 45. Such 'waste' unusable material is thus found to be not exigible "under the law. Following the decisions in the case of 1999 (113) E.L.T. 420; 2003 (157) E.L.T. 272; 1998 (100) E.L.T. 513; 1995 (77) E.L.T. 268 (S.C); merely because such purchased out ins...

Surendra Singh Lal Singh Vs. Bombay Municipal Corporation and anr.

Court: Mumbai

Reported in: 2005(1)BomCR1

Shah A.P., J.1. Rule. Respondents waive service. By consent rule is made returnable forthwith. Heard Advocates.2. By this petition, the petitioner is seeking to challenge the order of the Motor Accidents Claims Tribunal, Mumbai dated 5th February, 2001 dismissing the petitioner's application under Section 140 of the Motor Vehicles Act, 1988. The case of the petitioner is that he was a passenger in BEST bus on Route No. 341 on 7th April, 1999 and he fell down from the bus and suffered a fracture to lower 1/3 tibia fibula left due to the accident. The petitioner was admitted in Sion Hospital and he was discharged on 21st April, 2004. Thereafter the petitioner was treated in Somaiya Hospital. The petitioner has produced on record the original case papers of Sion and Somaiya Hospitals. In order to establish that the BEST bus was involved in the accident the petitioner has produced the station diary of Antop Hill Police Station wherein it is specifically stated that the BEST bus was involve...