2019 (8) TMI 436 - HC - Customs

Maintainability of petition - remedy of appeal - HELD THAT - The 3rd respondent considers and takes a decision on Ext.P7 at the earliest preferably within two weeks from the date of receipt of a copy of this judgment. In so far as the order dated 20.07.2019 is concerned, the petitioner is given liberty to avail the remedy of appeal with all of contentions available in this behalf. Petition disposed off.

Summary

Issues:
1. Challenge to the order dated 20.7.2019 for alleged illegalities.
2. Petitioner's difficulty in the litigation process.
3. Request for the 3rd respondent to decide on pending proposal.

Analysis:
1. The judgment addresses the challenge raised by the petitioner against the order dated 20.7.2019, claiming it to be riddled with illegalities. The petitioner's counsel advised filing an appeal to contest the order independently. The Court noted the petitioner's struggle in the litigation process and referred to letters (Exts.P7 and P8) highlighting the petitioner's predicament. The Court granted the petitioner liberty to appeal the order with all available contentions.

2. The Court acknowledged the petitioner's challenges in navigating the legal proceedings, emphasizing the need for a prompt decision by the 3rd respondent on the pending proposal (Ext.P7). By urging the 3rd respondent to expedite the decision-making process, the Court aimed to alleviate the petitioner's difficulties and ensure that justice is served promptly.

3. Upon reviewing the case records, the Court directed the 3rd respondent to consider and decide on Ext.P7 within two weeks from the date of receiving a copy of the judgment. This directive aimed to provide clarity and a timely resolution to the matter at hand, enabling the petitioner to pursue further legal remedies in accordance with the law. The writ petition was consequently disposed of based on the outlined decisions and directions provided by the Court.