Delhi High Court
M/S Munjal Sanitations Through ... vs Additional Commissioner Of ... on 2 August, 2021
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 02nd August, 2021
+ W.P.(C) 4700/2021 & CM APPL. 14488/2021 (Exemption)
M/S MUNJAL SANITATIONS THROUGH
ITS PROPRIETOR ..... Petitioner
Through: Ms. Anjali Gupta and Mr. Piyush
Kumar, Advocates
versus
ADDITIONAL COMMISSIONER OF
CUSTOMS (PREVENTIVE) ..... Respondent
Through: Mr. Harpreet Singh, Senior Standing
Counsel with Mr. Arunesh Sharma,
Advocate
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE JYOTI SINGH
JUDGMENT
D. N. PATEL, CHIEF JUSTICE (ORAL)
Proceedings have been conducted through video conferencing.
1. Present writ petition has been preferred seeking the following
reliefs:-
"(a). Issue a writ of Mandamus or any other appropriate
Writ, direction or order directing learned Respondent to
supply a copy of Order-in-Original bearing
No.17/SMA/ADC/2012 dated 09.04.2012 to the Petitioner.
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:04.08.2021
22:54:35
(b). Issue a writ of Mandamus or any other appropriate
writ, direction or Order directing learned Respondent to
consider the date of communication of impugned order
pursuant to the order of this Hon'ble Court to be the date of
communication of order for the purpose of Section 128 of the
Act.
(c). Issue Rule Nisi in terms of prayers at (a) and (b) above
and confirm the same after hearing the parties.
(d). Award cost of this Petition; and / or
(e). Pass such other order(s) or direction (s) as this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the case and in favour of the Petitioner in
the interest of justice."
2. Learned counsel appearing for the Petitioner submits that the main
relief sought in the writ petition is a direction to the Respondent to supply a
copy of the Order-in-Original bearing No.17/SMA/ADC/2012 dated
09.04.2012 to the Petitioner. Respondent has filed a counter-affidavit
enclosing the said order and thus, the Petitioner is now in receipt of the said
order and the grievance stands satisfied.
3. Learned counsel, however, submits that a further direction be given to
the Respondent to consider the date of communication of the impugned
order to be the date when the order was supplied to the Petitioner along
with the counter-affidavit, for the purpose of Section 128 of the Customs
Act, 1962.
4. We have heard the learned counsels for the parties.
5. Learned counsel for the Petitioner does not dispute the fact that
Order-in-Original bearing No.17/SMA/ADC/2012 dated 09.04.2012 is an
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:04.08.2021
22:54:35
appealable order before the Commissioner (Appeals) under Section 128 of
the Customs Act, 1962.
6. In view of the aforesaid submission, the grievance ventilated by the
Petitioner stands satisfied, as the order-in-original has been received by the
Petitioner. Needless to state, as and when an appeal is preferred by the
Petitioner along with an application seeking condonation of delay, the
concerned Authority shall decide the same in accordance with law.
7. With these observations, the writ petition along with the pending
application is disposed of.
8. We make it clear that we have not expressed any opinion on the
merits of the case or on the issue of condonation of delay which shall be a
matter within the domain of the Competent Authority.
CHIEF JUSTICE
JYOTI SINGH, J
AUGUST 02, 2021
yg
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:04.08.2021
22:54:35
