9911796707
TMI Blog2019 (6) TMI 950X X X X Extracts X X X X X X X X Extracts X X X X ..... nst the petitioner by the competent authority, without challenging the same, the petitioner is not entitled to challenge the consequential proceedings viz., the detention notice. The petitioner is permitted to withdraw the main writ petition itself and accordingly, the writ petition itself is dismissed as withdrawn with liberty to file an appeal before the appellate authority challenging the order in Original. - W.A.(MD)No.590 of 2019 And C.M.P(MD)Nos.4836 and 4837 of 2019 And W.P.(MD)No.6694 of 2019 And WMP(MD)Nos 5346 to 5348 and 7090 of 2019 - - - Dated:- 10-6-2019 - Mr. Justice K. Ravichandrabaabu And Mr. Justice Senthilkumar Ramamoorthy For the Petitioner : Ms.P.Bagyalakshmi For the R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4.01.2019 alone was served. The said detention notice was put to challenge before the Writ Court in the above writ petition, wherein the above interim order of stay with condition as stated supra was passed. 4.The present writ appeal is filed by contending that when the writ petitioner is willing to file a statutory appeal, available against the order in Original, before the concerned appellate authority, the Writ Court ought to have modified the condition of paying 40% of the demanded amount, since the petitioner, if files the appeal, is bound to pay only 7 % of the duty demanded, as contemplated in the order in Original itself, before the Commissioner (Appeals). Therefore, the learned counsel for the wr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r to file such statutory appeal before the appellate authority challenging the very order in original, this writ appeal as well as the writ petition are disposed of without expressing any view on the merits of the matter on the following terms:- (a).The petitioner is permitted to withdraw the main writ petition itself and accordingly, the writ petition itself is dismissed as withdrawn with liberty to file an appeal before the appellate authority challenging the order in Original, however by explaining the delay for filing such an appeal; and (b).On filing such appeal with delay, the appellate authority shall consider the reason for the delay and thereafter, pass appropriate orders on the delay petition on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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