Kunjal Synergies Pvt Ltd vs Union Of India & Ors
2021 Latest Caselaw 858 Cal/2

OD 3
                            ORDER SHEET
                          WPO 647 of 2021
                  IN THE HIGH COURT AT CALCUTTA
                 CONSTITUTIONAL WRIT JURISDICTION
                           ORIGINAL SIDE

                                KUNJAL SYNERGIES PVT LTD
                                        Vs.
                                UNION OF INDIA & ORS.

BEFORE:
The Hon'ble JUSTICE MD. NIZAMUDDIN
Date : 16th September, 2021.

(Via Video Conference)
                                Mr. R.K. Chowdhary,
                                Mr. T.K. Mitra,
                                Mr. P. Chatterjee, Advs.
                                            ...for the petitioner
                                Ms. Rajashree Venkat Kundalia,
                                Mr. Tapan Bhanja, Advs.
                                       ...for customs Authorities
                                Mr. Sujit Mitra, Adv.
                                           ...for Union of India

       The Court: Heard both the parties.

       In this writ petition petitioner has challenged the impugned

order dated 3rd September, 2021 being annexure P-8 to the writ

petition passed by the Joint Commissioner of Customs, Special

Investigation Branch (Port) on the ground that pursuant to my earlier

order dated 17th August, 2021 by which direction was given upon the

respondent concerned to consider the application/representation of

the petitioner dated 23rd July, 2021 in accordance with law and pass

reasoned and speaking order after giving opportunity of hearing to the

petitioner or its authorised representative but the same has not been

complied with in its letter and spirit. On perusal of the impugned

order dated 3rd September, 2021 I find that the respondent concerned

has made no reference at all of the judgment relied upon by the

petitioner in its written notes of submission dated 7th September,

2021 being annexure P-7 to the writ petition. Petitioner submits that

its legal contention raised by him also has not been considered in a

proper manner in the said impugned order.

Learned advocate appearing for the respondent Customs

Authority could not deny the allegation of the petitioner that the

judgment relied upon by the petitioner in its written submission has

not been considered at all while passing the impugned order.

Considering the submissions of the parties, I am of the view

that impugned order is not a speaking one and not in accordance with

law and the same is accordingly set aside and remanded to the

Commissioner respondent concerned to consider afresh in accordance

with law and by passing a reasoned and speaking order and dealing

with legal contention and judgment relied upon by the petitioner in its

aforesaid representation/application within two weeks from the date

of communication of this order upon giving an opportunity of hearing

to the petitioner or its authorised representatives.

Points raised in this writ petition are kept open.

WPO 647 of 2021 is disposed of.

(MD. NIZAMUDDIN, J.)

TR/