Research › Search › Judgment

High Court of Andhra Pradesh · body

2009 DAILYLAW 988 (AP)

M/S. AUROBINDO PHARMA LTD. HYD. v. SECY. MIN. OF FINANCE, UOI, N DELHI & ANOTHER

WP/2747/2009 · 2026-04-28

Lisa Gill, Ninala Jayasurya

body2009

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010177282009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 2747 of 2009 Bench Sr.No:-1 [3579] M/s. Aurobindo Pharma Limited ...Petitioner Vs. Union of India and another ...Respondents ********** Advocate for Petitioner : NONE Advocate for Respondents : Ms. D. Nagaraja Kumari, Senior Standing Counsel for CBIC, for respondent No.2 CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE NINALA JAYASURYA DATE : 29th April, 2026 LISA GILL, CJ. Prayer in this writ petition is for setting aside explanation III to Rule (6)(3) of Cenvat Credit Rules, 2004, as illegal, arbitrary, ultra vires and violative of Article 14, 19(1)(g), 265 and 300-A of the Constitution of India as well as Section 37 of Central Excise Act, 1944. Petitioner also seeks setting aside of order in original dated 25.11.2008. 2. Perusal of the file reveals that WPMP.No.3532 of 2009 had been permitted to be withdrawn to enable petitioner to pursue its remedy of appeal before CESTAT at Southern Bench, Bangalore. 3. Learned counsel for respondent No.2 is unable to inform whether any proceedings were initiated by petitioner before CESTAT or status thereof. 2 HCJ & NJS, J WP_2747_2009 4. None had appeared on behalf of petitioner on last date of hearing and this petition had been posted for today under the caption ‘for dismissal’. Today again, there is no representation on behalf of petitioner who it appears is not interested in pursuing the matter any longer. 5. Writ Petition is, accordingly, dismissed in default and for non prosecution. No costs. Pending application(s), if any, stand(s) disposed of accordingly. LISA GILL, CJ NINALA JAYASURYA, J Vjl