Maya Overseas v. Additional Commissioner Of Customs( Import)

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4174/2018 MAYA OVERSEAS ..... Petitioner Through: Mr. V. S. Negi, Advocate.

versus ADDITIONAL COMM. OF CUSTOMS( IMPORT) ..... Respondent Through: Mr. Amit Bansal, Sr. Standing Counsel

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 24.05.2018 Learned counsel for the respondent has shown us letter dated 8th May, 2018 which would only reflect that the order dated 9th February, 2017 passed by the Tribunal was not communicated and received by the Authority required to pass the order. Change or modification of jurisdiction is the internal matter and the respondent must take effective steps to ensure that it does not take twelve months for the order to reach the right Adjudicating Authority.

2.

In the present case, the petitioner has been forced to move the Court after he had written letter dated 2nd January, 2018 and reminders dated 19th January, 2018 and 1st February, 2018 enclosing therewith copy of the order of the Tribunal. Lackadaisical approach of the Authority cannot be appreciated and is unacceptable.

3.

Counsel for the respondent states that the review status of the orderin-original dated 9th February, 2017 is awaited. The review proceedings should be expedited and decision be taken within a period of one month. 4.

Personal hearings as per the respondent, it is stated, were fixed for 7th May, 2018, 9th May, 2015 and 11th May, 2018. Counsel for the respondent states that personal hearings have been held. 5.

The Adjudicating Authority, if required, to hold another hearing and would pass an order, unless stay order is obtained in respect of directions given in order dated 9th February, 2017, on or before 31st August, 2018. Compliance report would be filed by the respondent by 15th September, 2018. We clarify that we have not made any observations on merits. With the aforesaid observations and directions and consent of counsel for the parties, the writ petition is disposed of. In case compliance report is not filed, writ petition would be listed before the Court. Dasti under signature of the Court Master.

SANJIV KHANNA, J.

CHANDER SHEKHAR, J.

MAY 24, 2018 MR/pk