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Judgment
Rajan Gupta, J
Case has been heard through Video Conferencing in view of COVID-19 Pandemic.
Notice of motion.
Mr. Saurav Goel, Advocate accepts notice on behalf of the respondents.
Petitioner has posed a challenge to order, Annexure P-13 whereby his request for making the payment of custom duty in installments was declined.
Operative part of the order reads as under:-
“Please refer you letter/request dated 16.09.2020 on the above cited subject.
In this regard, it is intimated that competent authority has not accepted the installment payment request as the same is not applicable in the instant
case. It has also been desired by the authority to give a firm date immediately by which you will get the goods cleared from warehouse and pay duty
and interest. Your reply must reach this office within 07 days from the date of receipt of this letter. â€
We have put a query to Mr. Sourabh Goel, Advocate who has put in appearance on behalf of the respondents as to the reasons for which the request
was declined. No clear answer is forthcoming. Even otherwise, we find order is non-speaking in nature. We, thus, quash the order dated 29.09.2020
(Annexure P-13) with liberty to the respondents to pass a fresh order after considering representation, Annexure P-12 submitted by the petitioner at
the earliest, in any case not later than one month.
Petition is allowed in these terms.