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Madras High CourtWMP/33653/2022dismissed

Vikas Sharma v. The Addl.Commissioner Of Customs

2023-01-02Honourable Mr Justice M. Sundar3 pages

in W.P.No.34206 of 2022 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 dated 12.07.2022 bearing reference O.S.No.DRI/CZU/VIII/ENQ-1/INT-03/2020 and order in original 120/2022-23-COMMISSIONERATE-I' [hereinafter 'impugned order' for the sake of convenience and clarity].

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

4. Adverting to support affidavit and more particularly, paragraph No.7 thereat, learned counsel submits that the respondent had passed an ex-parte order and the order in original was not served and after their RTI Page Nos.1/3

letter they have given photostat copy of the impugned order. However, photocopy of the impugned order has been filed. Learned counsel drew the attention of this Court to Paragraph No.7 of the support affidavit, which reads as follows:

'7. The petitioner submits that the respondent had passed the exparte order and the order in original was not served and after their RTI letter they have given photostat copy of the impugned order. The petitioner submits that unless this Hon'ble Court dispense with the original impugned order for the present they will be put to hardship and mental agony.'

5. The above reason is accepted for the limited purpose of dispense with prayer in captioned WMP without expressing any other opinion in this order.

6. In the light of the narrative thus far, captioned WMP is ordered as prayed for. There shall be no order as to costs. 02.01.2023 (1/2) mk Page Nos.2/3

M.SUNDAR, J., mk in W.P.No.34206 of 2022 02.01.2023 (1/2) Page Nos.3/3