Court No. - 33 Case :- WRIT TAX No. - 1013 of 2010 Petitioner :- M/S Jhoola Refinery Ltd. Respondent :- Commissioner Of Customs (Appeals) Kandla At Ahmadabad & Ors. Petitioner Counsel :- Ashok Pandey Respondent Counsel :- S.S.C.,Anamika Singh Hon'ble Pankaj Mithal,J.
Heard learned counsel for the petitioner. Smt. Anamika Singh has appeared
for respondent no.3, Union Bank of India.
Challenge in this writ petition is to the order dated 19.8.09 passed by the
Commissioner (Appeals) Customs, Kandla.
I am not inclined to exercise my discretionary jurisdiction in the matter for
two reasons. First, the order impugned in this writ petition was passed as far
back as on 19.4.2009 and, as such, the petition patently suffers from delay and
latches. Secondly, against the impugned order the petitioner has an alternative
remedy of filing an appeal under Section 129(a)(b) of the Customs Act, 1962
read with rule 6(1) of the Customs Appeals) Rules, 1982
In view of aforesaid facts and circumstances, the writ petition is misconceived
and dismissed.
Order Date :- 19.7.2010
BK