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2016 (10) TMI 22 - HC - CustomsCompletion of adjudication proceedings - matter remanded to the adjudicating authority for relook and verification - no proceedings carried out for the case remanded - time bound direction - Held that - if a time bound direction is issued, it will be complied with - the adjudicating authority to pass a fresh order on the SCN dated 29th January 2010 not later than eight weeks after giving an opportunity of being heard to the Petitioner. The next date of hearing in the proceedings be intimated to the Petitioner at least one week in advance - If there is non-compliance, it will be open to the Petitioner to apply to the Court for appropriate directions - petition allowed - decided in favor of petitioner.
Issues: Non-consideration of petitioner's representation regarding non-completion of adjudication proceedings initiated by show cause notice dated 29th January 2010.
The judgment addresses the issue of non-consideration of the petitioner's representation dated May 2013 regarding the adjudication proceedings initiated against them by a show cause notice (SCN) dated 29th January 2010. The Court notes that despite a previous order by the Commissioner of Customs (Appeals) for a relook and verification of the matter, no further progress has been made. The Court directs the adjudicating authority to pass a fresh order on the SCN within eight weeks, providing the petitioner with an opportunity to be heard. The Court also mandates that the petitioner be informed of the next hearing date at least one week in advance. Non-compliance with the order would allow the petitioner to seek appropriate directions from the Court. The judgment emphasizes the importance of timely consideration of representations and the need for progress in adjudication proceedings. It highlights the Court's power to issue directions for compliance and ensure that parties are given a fair opportunity to present their case. The Court's decision to dispose of the writ petition with the specified directions underscores the judicial oversight in ensuring procedural fairness and adherence to timelines in legal proceedings. The judgment serves as a reminder of the responsibilities of adjudicating authorities to act promptly and fairly in resolving legal matters.
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