Office Of The Commissioner Of Customs Air Cargo Complex Mumbai v. Ingram Micro India Private Limited

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 16th June, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/31/2024 in CUAPPL/22135/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Umesh Gupta i/b. Sangeeta Yadav, Advocate for the applicant.

None present for the respondents.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 30.06.2023, rejecting captioned Appeal under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant submits that the respondents were served with the Chamber Order as per Affidavit of Service, which was filed on record. However, despite service, none appeared for and on behalf of the respondents.

Heard Ld. Advocate for the applicant. Perused Affidavit in Support and Additional Affidavit in Support to the Chamber Order. It is contended that time and again office had raised office objections, which were complied with in time. However, Appeal could not be registered as compliance was not as required by the Registry, and therefore, it got rejected. It is contended in Additional Affidavit that clerk of erstwhile Advocate left the job without intimating about dismissal of the Appeal due to which delay of 52 days caused in filing present Chamber Order, which was not intentional. Ld. Advocate for the applicant submits that now, he will pursue with the captioned Appeal diligently if it is restored to file and prayed for restoration of the Appeal by condoning delay.

Since none appeared for the respondents, contentions raised in Affidavit / Additional Affidavit in Support remain uncontested.

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 16th June, 2025 contd....

CHOL/31/2024 in CUAPPL/22135/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Therefore, I do not hesitate to rely on the same for the purpose of restoration of captioned Appeal with a view that the applicant would get one opportunity to pursue with the captioned Appeal. Furthermore, no prejudice would cause to the respondents since they can contest the Appeal on its merits. In view thereof, delay of 52 days caused in filing present Chamber Order is condoned and present Chamber Order is granted as prayed.

The appellant to remove office objections on the Appeal and get the same registered and/or numbered within four weeks from the date of uploading of order, failing Appeal to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 16.06.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.06.17 12:21:10 +0530 RAJEEV VIJAY ACHARYA