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2017 (3) TMI 281

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..... such knowledge - petition dismissed. - WP No. 927 of 2010 - - - Dated:- 22-12-2016 - DEBANGSU BASAK, JJ. Mr. R.K. Chowdhury, Adv. for the petitioner Mr. Ranjan Roy, Mrs. Debjani Roy, Advs. Mr. Amitabrata Roy, Mr. B.P. Banerjee, Advs. for the respondent ORDER The Court : The petitioner assails two orders passed by two different Authorities. The petitioner assails an order dated August 31, 2005 passed by the Director General of Foreign Trade (DGFT) and an order dated August 25, 2009 passed by the Custom Authorities. Learned advocate for the petitioner submits that, although both the orders are appealable, the order in original was never served upon the petitioner by the Authority to prefer an appeal. He also submits .....

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..... were given to the petitioner. The petitioner did not choose to appear therein. He submits that, the order passed by the Custom Authorities is appealable. The petitioner did not prefer an appeal thereform. Therefore no interference is called for in this writ petition. I have considered the rival contentions of the parties and the materials made available on record. The petitioner assails two orders of two different authorities. One is of DGFT dated August 31, 2005 and the other is of the Custom Authorities dated August 25, 2009. Both the orders admittedly are appealable. The petitioner explains the non-availing of the statutory right to prefer an appeal from two orders impugned on the averments made in paragraph 21 of the writ petition .....

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..... to establish the socalled ill health of the director of the petitioner. The other order impugned is of the Custom Authorities which is dated August 25, 2009. Again the petitioner was afforded three opportunities to appear in the adjudication proceeding. The petitioner chose not to. The petitioner is well aware of such adjudication proceeding. It chose not to prefer any appeal from the order passed in the adjudication proceeding. No explanation is given in the writ petition excepting paragraph 21 for not preferring any appeal from such order. Paragraph 21 of the writ petition does not assist the petitioner in explaining the delay for the reasons as noted above. The adjudication orders having attained finality, any direction on the A .....

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