2007 (10) TMI 302 - SCH - Customs

Maintainability of Writ petition - Bar of limitation - High Court admitted writ petition after 13 years but dismissed appeal on sole ground that the remedy of the appellant was to file an appeal under Section 12B of the Customs Act - Held that - once the High Court admitted the writ petition in the year 1990, after thirteen years, it was not justified in throwing out the same after making the appellant remediless as its appeal would be barred by limitation. This being the position, the appeals are allowed, impugned orders are set aside and the matter is remanded to the High Court to dispose of the writ petition - Decided in favour of appellant.

Summary

The Supreme Court of India allowed the appeal, set aside the impugned order, and remanded the matter to the High Court for disposal of the writ petition after hearing the parties. The High Court's dismissal of the writ petition after thirteen years was deemed unjustified as it left the appellant with no remedy due to the limitation period for filing an appeal under Section 12B of the Customs Act.