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2018 Supreme(Bom) 2801

S.C.DHARMADHIKARI, BHARATI H.DANGRE
Oriental Veneer Products Ltd. – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Vipin Kumar Jain with Prabhakar K. Shetty and Roshil Nichani, Advocates, for the Petitioner; S/Shri Swapnil Bangur with Vipul Bajpayee, Advocates, for the Respondent

ORDER

S.C. Dharmadhikari, J. - By consent of the parties, we heard this matter finally at the stage of admission.

2. This petition challenges two orders passed by the Customs, Excise and Service Tax Appellate Tribunal, West Zonal Bench, Mumbai (for short "CESTAT").

3. The petitioners are the original appellants. We are not concerned with the merits of the appeal for that is pending. However, during the pendency of the appeal, the Tribunal has passed two orders copies of which are annexed as Exhibits "A" and "B" to the petition. By the first order, copy which is at Exhibit-A, the Tribunal possibly dealt with request of the parties on the supply of documents. The petitioner argued that it is deprived of an opportunity of defending the show cause notice in the absence of the copies of the documents relied upon by the Department/Revenue being not supplied. A letter of 17-42017 is relied upon. The Revenue however says that all the documents which are relied upon were supplied and therefore there is no need to supply any documents now and when the appeal of 2006 is pending.

4. The Tribunal noted these contentions and thereafter the following operative order has been passed :-

    "3. Insofar

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