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TMI Blog2012 (11) TMI 828X X X X Extracts X X X X X X X X Extracts X X X X ..... id Writ Petition. According to the respondents, the writ petitioner is not entitled to have the benefit as sought for, which resulted in Ext. P7 order. If the writ petitioner/appellant is aggrieved of the said order, it is open to the party to have it challenged by way of availing the statutory remedy by way of appeal under Section 129A of the Customs Act. - 1931 of 2011 - - - Dated:- 16-12-2011 - Manjula Chellur, ACJ. and P.R. Ramachandra Menon, J. REPRESENTED BY : S/Shri G. Krishnakumar and Titto Thomas, for the Appellant. S/Shri John Varghese, SC, P. Parameswaran Nair, ASGI, for the Respondent. [Judgment per : Manjula Chellur, ACJ.]. Whether the verdict passed by the learned Single Judge relegating the appellant her ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , WP (C) No. 31671 of 2011. 3. The case of the appellant/petitioner was considered especially with regard to the submission that the issue was squarely covered by Ext. P6 judgment rendered earlier and as such, there was no point in availing the alternative remedy, which compelled the writ petitioner to approach this Court by filing the Writ Petition under Article 226 of the Constitution of India. After going through Ext. P6 judgment, the learned Single Judge observed that there was no positive direction declaring the rights and liberties of the writ petitioner to have the benefit of the scheme under Rule 12 of the Duty Drawback Rules and that only the direction was to have the claim considered in accordance with Rule 12 of the above Rules ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act. In the above circumstances, we find that there is no illegality, irregularity or impropriety with the course of proceedings and the judgment passed by the learned Single Judge is not assailable under any circumstance. 6. In response to the submission made by the learned counsel for the appellant that some breathing time is required for preferring the appeal, the learned Standing Counsel appearing for the respondents submits that there is clear provision under the Statute itself for condoning the delay and it is open for the appellant to prefer the appeal with a petition to condone the delay. 7. In the above circumstances, no orders are necessary in this regard as well. Interference is declined and the Writ Appeal is dismissed witho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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