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TMI Blog2020 (1) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... all the documents directed to be furnished have been supplied. Since the 2nd respondent has not fully complied with the said order, I am of the view, the 2nd respondent should be directed to strictly comply with the said order in letter and spirit within a period of 30 days of receipt of this notice - The petitioner and other notices shall thereafter file their reply to the Show Cause Notice No.F.No.VIII Dated 22.12.2011 within a period of 90 days i.e latest by 31st March, 2020. Under no circumstances any extension of time for filing the reply shall be entertained as the adjudication of the show cause proceeding has been considerably delayed by about seven years due to pendency of the present writ petition. All the defences raised in the present writ petition including the submission regarding abatement of show cause proceedings in the light of section 28 (9) Of the Customs Act, 1962 is left open to be decided by the 1st respondent - Petition disposed off. - Writ Petition No.29526 of 2012 - - - Dated:- 13-12-2019 - Mr. Justice C. Saravanan For the Petitioner : Mr.Vijaynarayanan, Senior Counsel for Mr.N.Viswanathan For the Respondents : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petition the petitioner prayed for a direction to direct the 1st respondent to furnish certain documents as detailed by M/s.SSP enterprises vide letter dated 19.4.2012 for a property adjudication of the aforesaid show cause notice. By an order dated 22.12.2014, the said writ petition was also disposed with the direction to the respondents herein to furnish the documents as detailed in the said order. The operative portion of the said order reads as under:- 4.After hearing the submissions of the learned counsel for the parties and perusing the materials on record, the dispute, which has arisen in this writ petition is confined only to the following documents mentioned by the first respondent in his order and the learned counsel for the petitioner submits that in all other aspects, the petitioner is not pressing for the request made for. Therefore, the respondents are directed to comply with the directions issued by this Court in this order which have been specifically indicated against each document in the tabulated form given below. Serial Number Documents sought Direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6.In the result, the writ petition is partly allowed and the respondent is directed to comply with the direction issued in the above tabulated statement and in paragraph 5 above and in all other aspects, the impugned order stands confirmed. No costs. Consequently, connected miscellaneous petition is closed. 7.The petitioner shall obtain the documents from the respondent/department which shall be furnished within a period of three weeks from the date of receipt of a copy of this order. Thereafter, the petitioner is directed to submit his explanation to the show cause notice within a period of four weeks thereafter. The respondent/department is directed to adjudicate the matter after affording a personal hearing and the petitioner is directed to co-operate in the adjudication proceedings without seeking for any adjournments. 6.It is submitted that the said order dated 22.12.2014 has not been fully complied till date by the 2nd respondent and therefore the petitioner has not given a reply so far to the show cause notice on merits. The documents which were directed to be furnished to the petitioner are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 06.11.2015 Copy of the 2nd respondent letter sent to the petitioner along with documents in pursuance with Hon'ble High Court order in W.P.No.899 of 2013 with Postal Receipt. 22.12.2016 Letter sent by the 1st Respondent for personal hearing. 26.12.2016 Reply letter sent by the petitioner in pursuance to the personal hearing letter dated 22.12.2016 requesting document and refusing to appear for personal hearing. 21.08.2017 Letter sent by the 1st Respondent for personal hearing. 26.08.2017 Reply letter sent by the petitioner in pursuance to the personal hearing letter dated 22.12.2016 requesting document and refusing to appear for personal hearing. 08.04.2019 Copy of letter sent by the 1st respondent to the 2 nd respondent requesting proof of sending the documents. 15.04.2019 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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