2021 (4) TMI 1250 - HC - Customs

Application for preponing the date of hearing - HELD THAT - Once it can not be denied that the judgment of the Supreme Court in M/S CANON INDIA PRIVATE LIMITED VERSUS COMMISSIONER OF CUSTOMS 2021 (3) TMI 384 - SUPREME COURT , is applicable to the facts of the present case, no useful purpose would be served by adjourning the matter. Petition disposed off.

Summary

Issues: Application for preponing the date of hearing, Petition for quashing an order-in-original, Interpretation of a Supreme Court judgment

The judgment pertains to an application for preponing the date of hearing of a petition filed for quashing an order-in-original issued by the commissioner of customs. The court allowed the application and took up the main case for hearing on the same day. The main case involved a petition seeking to quash the impugned order-in-original dated 17.08.2020. The court noted a previous order related to the application for early hearing based on a Supreme Court decision in a specific case. The respondents' counsel requested an adjournment to verify facts, but the court, after considering the applicability of the Supreme Court judgment to the present case, decided that adjourning the matter would not serve any useful purpose. Consequently, the petition was disposed of in line with the Supreme Court decision mentioned earlier. As a result of the main case being decided, any pending Civil Misc. Applications were also disposed of.

In this judgment, the primary issue was the application for preponing the date of hearing, granted by the court, leading to the immediate hearing of the main case. The main case involved a petition seeking to quash an order-in-original issued by the commissioner of customs. The court considered a previous order related to early hearing based on a Supreme Court decision and the respondents' request for an adjournment to verify facts. The court, after assessing the facts and the applicability of the Supreme Court judgment to the present case, concluded that adjourning the matter would not be beneficial. Consequently, the court disposed of the petition in accordance with the Supreme Court decision, thereby settling the main case and any pending Civil Misc. Applications.

The judgment showcases the court's consideration of an application for preponing the date of hearing in a case involving the quashing of an order-in-original by the commissioner of customs. The court allowed the application, leading to the immediate hearing of the main case. The court referred to a previous order related to early hearing based on a specific Supreme Court decision. Despite the respondents' counsel requesting an adjournment to verify facts, the court, after evaluating the facts and the relevance of the Supreme Court judgment to the present case, decided against an adjournment. The court disposed of the petition in line with the Supreme Court decision, effectively concluding the main case and any pending Civil Misc. Applications.