9911796707
TMI Blog1997 (9) TMI 133X X X X Extracts X X X X X X X X Extracts X X X X ..... he entire records of the 1st respondent herein dated 27-11-1996, pertaining to Appeal C/2235/90-B2, and Final Order bearing No. C/46/90-B2, and quash the same as illegal and also to transfer the records pertaining to the above appeal to the file of 2nd respondent for disposal of the appeal on merits. 2.In the affidavit filed in support of the writ petition, it is stated that the petitioner is a S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been imported and bonded under Section 59 of the Customs Act, 1962. 3.Aggrieved by the order of Additional Commissioner of Customs, an appeal was filed by the petitioner before the Commissioner of Customs. The same was allowed. Against that order, the authority filed an appeal before the 1st respondent herein, and the same was numbered as C/2235/90-B2. The appeal was filed in New Delhi. The notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent herein disposed of the appeal, by allowing the same. 5.Naturally, when a request was made before the Tribunal to transfer the appeal to Madras Bench, none would have represented before the Tribunal for the petitioner. But the appeal was allowed and the petitioner was informed that some payment will have to be made consequent on the appeal being allowed. It is at this stage, the present writ p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken up for hearing by the Tribunal, admittedly the Benches were constituted, and a right was given to the importer and exporter to have the pending appeal transferred to the Bench, where they are doing business. If such a request is made, the rules provided that the Tribunal is bound to transfer the same to the Bench. In this case, admittedly a request was made on 15-11-1996. On going by the wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C/2235/90-B2, before the 1st Respondent is directed to be restored and transferred to the Madras Bench, the 2nd respondent herein, without any further delay. The writ petition is allowed to the extent indicated above. No costs. Consequently, no order is necessary in the W.M.Ps. 11.On receipt of the copy of this order, the 1st respondent shall inform the petitioner, as to when the matter is trans ..... X X X X Extracts X X X X X X X X Extracts X X X X
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