9911796707
TMI Blog2024 (8) TMI 859X X X X Extracts X X X X X X X X Extracts X X X X ..... oms Act, 1962 - HELD THAT:- The question whether Ext.P10 is barred by limitation or not is a mixed question of law and fact, which cannot be adjudicated in the writ petition. Therefore, the remedy open to the appellant is to prefer a statutory appeal and take the limitation plea before the appellate authority. The Learned Counsel for the appellant submitted that in the impugned judgment, the Learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Thomas, Advocates, for the Appellant. Shri P.T. Dinesh, SC, Advocate, for the Respondent. JUDGMENT This writ appeal has been filed challenging the judgment in W.P. (C) No. 28272/2023, dated 22nd December, 2023 [2024 (388) E.L.T. 301 (Ker.)] of the Learned Single Judge. 2. The appellant is a company engaged in trading of various construction materials, including glass. The appellant imported Clear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he writ petition relegating the appellant to the statutory appellate remedy. It is challenging the said judgment of the Learned Single Judge; the appellant is before us. 3. We have heard Sri. M. Balagopal, the Learned Counsel for the appellant and Sri. P.T. Dinesh, the Learned Standing Counsel for the respondents. 4. The appellant challenged Ext.P10 order mainly on two grounds : (i) Ext.P4 notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refer a statutory appeal and take the limitation plea before the appellate authority. The Learned Counsel for the appellant submitted that in the impugned judgment, the Learned Single Judge had already entered a finding regarding limitation on merits against the appellant, and as such, the appellate authority cannot take a different stand. Since the Learned Single Judge has decided to relegate the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
