2020 (3) TMI 670 - HC - Customs

Maintainability of petition - time limitation - HELD THAT - This petition is disposed of as not pressed at this stage.

Summary

Issues:
1. Challenge to the Order in Original dated 11th December, 2019.
2. Direction for appellate authority to consider time consumed from filing writ petition till present for condonation of delay in filing appeal.
3. Questions of cross-examination not pressed and to be raised before the Appellate Authority.
4. Appreciation of time consumed for condonation of delay in filing appeal when appeal is preferred.
5. Disposal of the writ petition and related stay application.

Analysis:
1. The petitioner's counsel acknowledged that the Order in Original dated 11th December, 2019, being challenged, is appealable, leading to the petitioner not pressing the petition further.
2. The petitioner's counsel requested the appellate authority to factor in the time taken from filing the writ petition until the present date when considering the application for condonation of delay in filing the appeal.
3. The issue of cross-examination, extensively discussed, was not pursued at this stage, with the intention to raise it before the Appellate Authority for resolution.
4. It was directed that when the petitioner files an appeal against the Order in Original, the Appellate Authority should take into account the time elapsed from the filing of the writ petition until the current date while deciding on the condonation of delay in filing the appeal.
5. With the disposal of the writ petition, the related stay application was also disposed of accordingly, bringing an end to the legal proceedings in this matter.