Umesh Prasad v. The Union Of India And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2652 of 2015 In MA 760 of 2009 ====================================================== Umesh Prasad, son of Vyas Prasad of M/s. Kuber Bhandar, resident of Kaurihar Chowk, P.S.- Raxaul, Distt- East Champaran. .... .... Appellant/Petitioner

Versus

1. The Union of India through its Secretary, Ministry of Finance, New Delhi.

2. The Commissioner of Customs, Patna.

.... .... Respondents/Opp. Parties ====================================================== Appearance :

For the Petitioner/s : Mr. N.K.Agrawal, Sr. Advocate with Mr. Dhananjaya Nath Tiwari, Advocate For the Customs Dept. : Mr. Satya Prakash Tripathy, Sr.Standing Counsel, Customs ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 26-10-2016 Heard learned counsel for the petitioner and learned counsel for the Customs Department.

The application has been filed for modification of the order dated 6.4.2015 passed in Miscellaneous Appeal No.760 of 2009 by which it was directed that on the appellant depositing 10% of the penalty amount as directed by the Tribunal within a period of eight weeks from the date of the order, the appeal shall be heard by the Tribunal on its merits.

Mr. N.K.Agrawal, learned Sr.Counsel for the petitioner submits that on account of the change of the telephone/mobile number of the petitioner, learned counsel for the petitioner could not inform him about the order as a result of which the order could not be complied with within the time granted and, accordingly, a

Patna High Court MJC No.2652 of 2015 (2) dt.26-10-2016 prayer for extension for a period of two weeks from today has been made.

On a consideration of the facts and circumstances mentioned in the application, the order dated 6.4.2015 passed in Miscellaneous Appeal No.760 of 2009 is modified to the extent that the time granted therein for deposit of the amount shall stand extended for a further period of two weeks from today. The modification application is, accordingly, disposed of. (Ramesh Kumar Datta, J) (Anjana Mishra, J) spal/- U