2013 (12) TMI 1404

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..... rticle 226 of the Constitution of India the petitioner has prayed for directions to the respondent Commissioner of Customs (Import) to decide the petitioner's application dated 21 May 2013 and 26 September 2013 (Exhibits F & G) respectively for allowing the petitioner to cross examine co-noticee i.e. Mr. Kiyoshi Tatsui Oike or in his absence new Managing Director of Yakulf Danone India Private Lim .....

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..... e who was Managing Director of YDI at the relevant time. That application is still pending and is not yet decided. The petitioner has thereafter submitted an application dated 26 September 2013 (ExhibitG) reiterating his request to cross examine Mr. Oike and in the alternative, to call the present Managing Director of YDI for cross examination. According to the petitioner, there are some emails wh .....

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..... Import) to decide whether to grant cross examination of the persons asked for by the petitioner depending upon the facts and evidence arising for consideration in the case. 5) In any case, if an order adverse to the petitioner is passed in the adjudication +roceedings, it will be open to the petitioner to raise all available contentions including the fact that the petitioner had made the aforesai .....

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