2009 (6) TMI 616 - HC - Indian Laws

Alternative remedy of statutory appeal - petitioner has not availed of the opportunity - petitioner filed the Writ Petition - more than two years thereafter - on behalf of the petitioner it is submitted that the mere ground of appeal is no answer to this Court exercising writ jurisdiction if on the face of it the order suffers from the violation of principles of natural justice and fair play - order is not received by them since they were in the course of shifting office - Held that - fit case for this Court to exercise its extraordinary jurisdiction considering that material has been used against the petitioner which was not disclosed - respondents are directed to make available to the petitioner the documents relied upon and set out in the impugned order and after giving an opportunity to the petitioner to have their say - disposed of accordingly

Summary

The High Court of Bombay issued a judgment in 2009 regarding a case involving a petitioner and a respondent. The petitioner was required to furnish a Test Bond to release goods identified as Silicon Rubber following provisional assessment. The petitioner failed to produce the manufacturer's test report as requested, instead providing a report of a subsequent consignment. The Tribunal ruled that this report could not be accepted. The petitioner claimed that various documents were considered in the order without being made available, violating principles of natural justice. The respondent argued that the petitioner had not pursued the alternative remedy of statutory appeal and that the petition was filed more than two years after the order, citing laches. The Court found in favor of the petitioner, setting aside the impugned order and directing the respondents to provide the documents relied upon and allow the petitioner to respond accordingly. The Court deemed the situation appropriate for exercising its extraordinary jurisdiction. The rule was made absolute with no order as to costs.