2021 (9) TMI 1043 - HC - Customs

Benefit under the MEIS scheme - Amendment in shipping bills - Benefit under Merchandise Exports from India Scheme (MEIS) - HELD THAT - Captioned Writ Petition is disposed of, directing the respondent to dispose of writ petitioner's representation dated 20.03.2020 on its own merits and in accordance with law, as expeditiously as his business would permit and in any event, within five weeks from today i.e., on or before 22.10.2021. The disposal proceedings shall be communicated to the writ petitioner under due acknowledgment within five working days thereafter i.e., from the date of the proceedings. This Court has not expressed any view or opinion on the merits of the matter. It is open to the respondent to give a personal hearing to writ petitioner but it is made clear that this is entirely at the discretion of the respondent i.e., if the respondent deems it necessary for disposal of the representation.

Summary

Issues:
1. Request for time by respondent's counsel
2. Reference to previous court orders and intracourt appeal
3. Technical glitch delaying proceedings
4. Abridged prayer by writ petitioner's counsel
5. Directive for disposal of writ petitioner's representation

Analysis:
1. The respondent's counsel requested time in the proceedings on 03.09.2021, which was granted for further instructions, leading to an adjourned admission on 13.09.2021.
2. On 13.09.2021, the writ petitioner's counsel referred to an order in a previous case and mentioned an intracourt appeal, highlighting similar orders by other High Courts. Hard copies of judgments were to be presented in the next listing on 15.09.2021.
3. Technical issues arose on 15.09.2021, causing a delay, but both counsels were present, and the main writ petition was taken up with their consent.
4. The writ petitioner's counsel decided to abridge the prayer, seeking a directive for the respondent to dispose of the representation within a specified timeframe. The court accepted this request due to its simplicity and issued a directive accordingly.
5. The court disposed of the writ petition by directing the respondent to handle the writ petitioner's representation promptly and in accordance with the law, setting a deadline for disposal. The court clarified that it had not expressed any opinion on the case's merits and left the decision of a personal hearing to the respondent's discretion. No costs were awarded in the judgment.