2011 (5) TMI 797 - HC - Customs

Release of goods imported - Court directed the respondents therein to have the goods released in the manner as specified therein - final orders were passed by the concerned party which stands against the petitioner and hence the petitioner has already approached the appellate authority by filing appeal - grievance regard to the delay in considering the appeal and the petitioner prays for a direction to be given to the appellate authority to have it finalized within a reasonable time Held that - writ petition is disposed of, directing the second respondent to consider the appeal preferred by the petitioner against Ext. P3 and pass appropriate orders in accordance with law, Writ Petition is disposed of

Summary

Issues:
1. Delay in considering the appeal filed by the petitioner against Ext. P3 judgment.

Analysis:
The petitioner imported electronic goods from abroad but faced non-release by the respondents, leading to a court intervention through W.P.(C) No. 34102 of 2010. The court directed the release of goods via Ext.P1 order. Subsequently, the Department appealed this decision, resulting in Ext. P2 judgment providing directions for finalizing the matter. The petitioner claims that final orders against them were issued by a concerned party as per Ext. P3, prompting an appeal to the appellate authority due to delays in processing the appeal.

The High Court, after hearing both sides, disposed of the writ petition by directing the second respondent to consider the petitioner's appeal against Ext. P3 judgment promptly. The court ordered the appellate authority to pass appropriate orders within three months from the date of receipt of the judgment copy. This decision aimed to address the delay issue and ensure a timely resolution of the appeal, emphasizing adherence to legal procedures and expeditious handling of the case.