2019 (7) TMI 343 - HC - Customs

Service of Notice - returned unserved from addresses given by appellant - HELD THAT - After several postings of the case, steps were taken in the correct address. Notice sent again in the correct address was also returned unserved with postal endorsement as, left . On the request of the appellant, paper publication was allowed through an order passed by this court on 19.2.2019. Even though the draft paper publication produced by the appellant was approved with hearing date noted as 26.03.2019, the appellant had failed to take out the publication and to produce proof regarding such publication made, despite several adjournments granted from April 2019 onwards. Appeal dismissed for default.

Summary

Issues: Failure to effect publication of notice, dismissal of appeals for default

In the judgment delivered by Abdul Rehim, J., the court dealt with two appeals admitted in September 2018. Initially, notice to the respondent was ordered through speed post but was returned unserved twice due to incorrect address. Subsequently, paper publication was permitted in a widely circulated newspaper. However, despite approval of the draft publication, the appellant failed to carry out the publication and provide proof thereof, despite multiple adjournments. When the appeals were taken up for consideration, the Standing Counsel informed the court that the appellant, the customs department, had not taken steps to effect the publication. The court noted the lack of interest on the part of the appellant in pursuing the appeals and consequently dismissed both appeals for default.