Graphite India Ltd vs The Commissioner Of Customs ...
2022 Latest Caselaw 2012 Bom

                                                                   14-CUAPP3-2021.DOC

                                                                                Santosh

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION


                                     CUSTOMS APPEAL NO. 3 OF 2021
                                                 WITH
                                  INTERIM APPLICATION NO. 2250 OF 2020

                      Graphite India Ltd.                                ...Appellant/
                                                                             Applicant
                                         Versus
                      Commissioner of Customs (Adjudication),
                      New Customs House, Mumbai                         ...Respondent

SANTOSH SUBHASH KULKARNI Mr. Mayank Jain, i/b Khaitan & Co., for the Appellant/ Digitally signed by SANTOSH SUBHASH Applicant.

Mr. Pradeep Jetly, Senior Advocate, a/w Mr. Jitendra Mishra KULKARNI Date: 2022.02.28 11:20:32 +0530

and Ms. Sangeeta Yadav, for the Respondent.

                                              CORAM:      K. R. SHRIRAM &
                                                          N. J. JAMADAR, JJ
                                              DATED:      26th FEBRUARY, 2022

                      Order:

1. We considered the impugned order in this appeal, which is

yet to be admitted. While considering the interim application for

stay filed by the applicant, at paragraph 6 of the impugned order

the Tribunal acknowledges that the appellant herein had relied

upon certain orders/judgments. Those authorities have not

been discussed or dealt with or distinguished in the impugned

order.

2. When this was brought to the notice of Mr. Jetly and a

suggestion was made by the Court, Mr. Jetly was agreeable to

14-CUAPP3-2021.DOC

this impugned order being quashed and the matter being

remitted to the Tribunal for de novo consideration.

3. Accordingly impugned order dated 17 th September 2019 is

hereby quashed and set aside. The matter is remitted for de

novo consideration to the Tribunal, which shall endeavour to

dispose of the remitted appeal as early as possible and, in any

event, by 30th June 2022.

4. We clarify that, we have not made any observations on the

merits of the matter.

5. Interim application as well as the appeal accordingly stand

disposed.

[N. J. JAMADAR, J.] [K. R. SHRIRAM, J.]