United Sanitations v. Commissioner Of Customs,

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9901/2018 UNITED SANITATIONS ..... Petitioner Through:

Mr. Pradeep Jain, Adv.

versus COMMISSIONER OF CUSTOMS ..... Respondent Through:

Mr. Sanjeev Narula with Mr. Abhishek Ghai, Advs. for UOI.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 19.09.2018 CM APPL. 38568/2018(exemption) Allowed, subject to all just exceptions.

W.P.(C) 9901/2018 Issue notice.

Mr. Sanjeev Narula, Advocate accepts notice on behalf of the respondent.

The petitioner seeks a very limited relief of restoration of his Revision Petition which was rejected on an extremely narrow procedural ground i.e. non-payment of Rs.1,000/- as filing fee. Having regard to the circumstance that the merits of the Revision Petition (before the concerned appropriate authority under Section 129DD of the Customs Act, 1962) were not considered but rejected on the ground of non-receipt of registration fee, this Court is of the opinion that the larger interest of the justice requires that there

should be an adjudication of this Revision Petition. Consequently, the matter is remitted for fresh consideration to Revisionary Authority, Government of India; the petitioner shall at the same time ensure that the requisite filing fee of Rs.1,000/- is filed within a week. On the deposit so made, the Revisionary Authority shall consider the revision petition under Section 129DD on its merits.

The Writ Petition is allowed and disposed of accordingly. S. RAVINDRA BHAT, J A. K. CHAWLA, J SEPTEMBER 19, 2018 ak