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High Court of DelhiW.P.(C)/230/2019

Mr. Ravi Khanna v. The Joint Commissioner Of Customs (Adjudication)

2019-01-11Hon'Ble Mr. Justice S. Ravindra Bhat,Hon'Ble Mr. Justice Prateek Jalan1 pages

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 230/2019, C.M.APPL.1071/2019 MR. RAVI KHANNA ..... Petitioner Through : Sh. Abhishek Jaju and Sh. Prem Ranjan Kumar, Advocates.

versus THE JOINT COMMISSIONER OF CUSTOMS (ADJUDICATION) ..... Respondent Through : Sh. Harpreet Singh, Sr. Standing Counsel.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 11.01.2019 Issue notice. Sh. Harpreet Singh, Sr. Standing Counsel accepts notice. The petitioner is the Director of the CHA firm which had originally filed the documents. The records show that the petitioner did not involve himself thereafter since some other CHA holder filed the samples and took charge of the consignment. The Order-in-Original is silent about the reason why penalty was imposed on the petitioner.

In these peculiar circumstances, the Court is of the opinion that ends of justice would be met with if the petitioner deposits ` 2 lakhs in fulfilment of the pre-deposit conditions as a prerequisite for hearing and disposal of the appeal. The Court also hereby directs the Commissioner to dispose of the appeal, if such amount is deposited along with the appeal within four weeks from today. The Commissioner shall deal with the appeal on its merits and shall not dismiss it on the grounds of limitation. The writ petition is partly allowed in the above terms. S. RAVINDRA BHAT, J PRATEEK JALAN, J JANUARY 11, 2019/ajk