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2021 (6) TMI 793

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..... ESPONDENT IN WP(C): BY ADV. SRI.RAJESH. K. RAJU BY SRI. P. VIJAYAKUMAR, ASGI O R D E R This review petition has been filed in respect of the judgment dated 03.03.2020 in W.P.(C).No. 6438/2020 wherein following relief was sought: i. issue a Writ of Mandamus or any other appropriate Writ, order or direction under Article 226 of the Constitution of India, commanding the Commissioner of Customs (Appeals), Customs House, Willington Island, Cochin- 682 009, State of Kerala, to transfer the Appeal No.C27/118/DR1/2018/AU.CUS filed by the Petitioner and pending before the Commissioner of Customs (Appeals), Cochin against the Order-in-Original No. 139/2018 dated 17.09.2018 passed by the Additional Commissioner of Customs (DRI), Custom .....

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..... e review petitioner submitted that in addition to the aforementioned appeal, other Appeal No.C/20005/2020 was also preferred and sought intervention of this court by filing another writ bearing no W.P.(C).No.6312/2020,wherein following reliefs were sought: i. Issue a Writ of Mandamus or any other appropriate Writ, order or direction under Article 226 of the Constitution of India, commanding the South Zonal Bench of the Appellate Tribunal at Bangalore to transfer for hearing on merit the Appeal No. C/20005/2020 filed by the Petitioner against Ext P-2 Order-in-Appeal to the West Zonal Bench of the Appellate Tribunal at Mumbai with all papers and proceeding relating thereto for hearing at Mumbai; ii. Issue a Writ of Mandamus or any o .....

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..... Ahamadabad and one of them can be technical member with the judicial member to hear the matter through VC in the matter pending before CESTAT, Bangalore. During the pendency of the review petition, this Court sought the comments of the Registrar of CESTAT. The Registrar sent his comments and stated that Sri.Raju technical member would be available after 19.02.2021 as his tour to Delhi had been finalized and the matter could be heard in March since one Sri.S.S Garg, learned judicial member was also on tour. Keeping the aforementioned fact vide order dated 05.02.2021 this Court disposed of the review petition by holding that it would not be feasible that Sri.Raju technical member who was perpetually on tour and the matter would be heard w .....

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