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Patna High Court

Central Excise PatnaversusSri Bimal Kumar Kheria

Decided
Disposal
DISPOSED

Holding

The appeal is dismissed as withdrawn upon the appellant's application for withdrawal.

Summary

The appellant filed a miscellaneous appeal before the Patna High Court and subsequently moved an application seeking to withdraw the appeal, stating a desire not to proceed further. The respondent was served with notice of this application. The court considered the appellant's request to withdraw the appeal at the stage of oral proceedings. Upon reviewing the application, the court held that the appeal could be withdrawn and accordingly dismissed the appeal as withdrawn. The order effectively closed the proceedings without any further hearing on the merits.

Issues considered

  • Whether the appellant is entitled to withdraw the appeal at the stage of oral proceedings

Subjects

  • withdrawal of appeal
  • high court procedure
  • civil procedure
  • appeal dismissed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Miscellaneous Appeal No.74 of 2020
                  ======================================================
                  Commissioner of Central Excise Patna (now known as Commissioner, Central
                  GST and CX, Patna- II), Commissionerate, Central Revenue Building, 4th
                  Floor, Birchand Patel Path, Patna 800001, Bihar.

                                                                            ... ... Appellant/s
                                                   Versus
                  Sri Bimal Kumar Kheria 23 A, N.S. Road, Kolkata 01.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :       Mr. Anshuman Singh, Adv.
                  For the Respondent/s   :       Mr.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                          and
                          HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                        ORAL ORDER

                  (Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)

11   25-06-2026                 It is submitted by Mr. Anshuman Singh, learned

                    Advocate appearing on behalf of the appellant, that the appellant

                    has filed an application for withdrawal of the instant appeal as

                    he does not want to proceed with the appeal.

                                2. Considering such aspect of the matter, this appeal

                    stands dismissed as withdrawn.



                                             (Bibek Chaudhuri, J)


                                             (Rana Vikram Singh, J)
Supratim/
Smriti-

U


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