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2005 Supreme(SC) 654

Supreme Court Of India
RUMA PAL AND C.K. THAKKER, JJ.
INDO RAMA EXPORTS- Appellant
Versus
COMMISSIONER OF CENTRAL EXCISE, INDORE - Respondent
IA No.3 in Civil Appeal No. 8664 of 2002,
Decided on April 15, 2005

Consent of the parties and applicability of precedent

Headnote:

Consent - Civil Appeal - The appeal is allowed in view of the decision in Nahar Industrial Enterprises Ltd. v. Union of India

Fact of the Case:

The civil appeal is treated as on the days list by consent of the parties.

Finding of the Court:

The appeal is allowed in view of the decision in Nahar Industrial Enterprises Ltd. v. Union of India.

Issues: Consent of the parties, applicability of the decision in Nahar Industrial Enterprises Ltd. v. Union of India

Ratio Decidendi: The decision in Nahar Industrial Enterprises Ltd. v. Union of India is applicable to the present case.

Final Decision: The appeal is disposed of in terms of the judgment in Nahar Industrial Enterprises Ltd. v. Union of India. No costs are awarded.

ORDER

1. The civil appeal is treated as on the days list by consent of the parties.

2. It is admitted by the learned counsel appearing on behalf of the respondent that this appeal must be allowed in view of the decision in Nahar Industrial Enterprises Ltd. v. Union of India1.

3. IA No.3 is allowed.

4. The appeal is, accordingly, disposed of in terms of that judgment. No costs.

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