JUDGMENT - DAGA V.C., J.: - The petitioner, has basically come before this Court to seek direction against the respondents to dispose of its application dated 23rd December, 2003 seeking registration of its industrial unit situate at Plot No. 31, M.I.D.C., Industrial Unit, Ambernath, District Thane. However, during the pendency of this petition, by an order dated 19-2-2004 petitioners request for registration came to be rejected. Petitioner now seeks to challenge the order dated 19-2-2004 incorporated at Ex. H.

Facts:

The facts giving rise to the present petition are as under:

2. On 7-11-2003 petitioner claims to have established a manufacturing unit to process cotton/manmade fabrics at the factory premises referred to herinabove. On 23rd December, 2003, petitioner applied to the Central Excise Department in the prescribed form to register its industrial unit under Rule 9 of the Central Excise Rules, 2002 formed under the Central Excise Act, 1944 (hereinafter referred to as Act and Rules for short). The said application came to be rejected by an order dated 19-2-2004 passed by the Deputy Commissioner, Central Excise Division IV, Kalyan, holding that the earlier holder of the Regist

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