M/S.Sakthi Logistics v. The Additional Commissioner Of Customs

in W.P.No.375 of 2023 M.SUNDAR, J., This order will now dispose of the captioned 'Writ Miscellaneous Petition' ['WMP'].

2. Captioned WMP has been filed with a prayer to dispense with production of original of an 'order-in-original No.89241/2022 dated 31.03.2022 bearing reference F.No.ADJN/DRI/CZU/07/2021-CH-IV' [hereinafter 'impugned order' for the sake of convenience and clarity].

3. Mr.A.K.Jayaraj, learned counsel on record for writ petitioner is before this Court.

4. Learned counsel for writ petitioner adverting to the support affidavit submitted that the writ petitioner is not in possession of the original impugned order since he had received only copy of the impugned order from the co-noticee. Learned counsel drew the attention Page Nos.1/3

of this Court to relevant Paragraph of the support affidavit, which reads as follows:

'The petitioner also submit that, the original impugned Order-in-Original of the 1st respondent challenged by the petitioner was not received. The petitioner had only got the xerox copy of the above impugned order-in-original of the 1st respondent and that was also furnished by the co-noticee and hence, the petitioner is filing the same. As the petitioner is not in a possession of the original impugned order-in-original of 1st respondent herein, this Hon'ble Court may be pleased to dispense with production of the original impugned orderin-original of 1st respondent.'

5. The above reason qua dispense with prayer in captioned WMP is acceptable.

6. In the light of the narrative thus far, captioned WMP is ordered as prayed for. There shall be no order as to costs. 09.01.2023 (1/2) mk Page Nos.2/3

M.SUNDAR, J., mk in W.P.No.375 of 2023 09.01.2023 (1/2) Page Nos.3/3