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2018 (3) TMI 1239 - HC - Central ExciseWrit of Certiorarified mandamus to call for the records comprising communication dated 26.02.2018 - case of petitioner is that since the petitioner was not provided with the Order in Original dated 23.03.2016 so far, the petitioner is not in a position to file an Appeal as against the said order - Held that - the petitioner shall give a representation to the 1st respondent seeking for a copy of the Order in Original dated 23.03.2016 today itself and on receipt of the same, the 1st respondent shall furnish the copy of the Order in Original on or before 20.03.2018 - petition disposed off.
Issues:
- Petitioner seeking a Writ of Certiorarified mandamus to quash communication and obtain a copy of Order in Original dated 23.03.2016. Analysis: The petitioner filed a Writ Petition requesting a Writ of Certiorarified mandamus to quash a communication dated 26.02.2018 and to direct the issuance of a copy of the Order in Original No.86/2016 dated 23.03.2016. The petitioner's counsel argued that without receiving the Order in Original, the petitioner could not file an Appeal against it. The counsel assured that the petitioner would submit a representation on the same day to request the copy of the Order in Original. The counsel for the 1st respondent stated that if the petitioner submits the representation on the day seeking the copy of the Order in Original, it would be provided to the petitioner by a specified date. Considering the submissions from both sides, the court directed the petitioner to submit a representation to the 1st respondent immediately for the copy of the Order in Original dated 23.03.2016. Upon receipt of the representation, the 1st respondent was ordered to furnish the copy by a certain date. The petitioner was granted a week to file an Appeal with the Appellate Authority against the Order in Original. The Appellate Authority was instructed to decide on the Appeal within six weeks from its submission, following the legal procedures. The court concluded by disposing of the Writ Petition, stating no costs were awarded, and the connected miscellaneous petition was closed. The judgment provided the petitioner with a clear course of action to obtain the necessary documents and pursue further legal remedies through the Appellate Authority.
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