9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (7) TMI 820 - HC - CustomsMaintainability of petition - petitioner states that the representation made by the petitioner on 3.7.2020 to the Commissioner of Customs, Mundra i.e. respondent No.1 has remained undecided, though the same was received by the office of the respondent No.1 on 6.7.2020 - HELD THAT - Without going into the merits of the case, it is directed that the respondent No.1 shall decide the representation of the petitioner dated 3.7.2020 (Annexure-J) received by the office of the respondent No.1 on 6.7.2020, in accordance with law and as expeditiously as possible, preferably within four weeks from the date of receipt of this order. It is clarified that the Court has not gone into the merits of the case. Petition dismissed.
Issues:
1. Representation made to Commissioner of Customs remaining undecided. 2. Request for direction to decide the representation within a time-frame. Analysis: Issue 1: The petitioner's representation made to the Commissioner of Customs on a specific date remained undecided despite being received by the respondent's office. The petitioner's advocate did not press for the petition at the moment but requested a direction for the respondent to decide on the representation within a specified time frame. The Sr. Standing Counsel for the respondents had no objection to this request. Issue 2: The Court, without delving into the merits of the case, directed the respondent to decide on the petitioner's representation promptly, preferably within four weeks from the date of the order. The Court clarified that it had not assessed the case's merits and stated that the petitioner could file a fresh petition if the decision went against them. The petition was dismissed, subject to the direction given for deciding the representation. This judgment primarily focused on the unresolved representation made by the petitioner to the Commissioner of Customs. The Court's directive aimed to ensure a timely decision on the representation without delving into the case's substantive aspects. The dismissal of the petition was contingent upon the respondent's compliance with the Court's direction to resolve the representation promptly.
|
