High CourtsSingle Bench(1998) 03 MAD CK 0038

Kiran Silicates Pvt. Ltd. vs Central Board of Cus. and C. Ex.

Madras High Court · Decided on 23 March 1998 · Citation: (1998) 102 ELT 552

HON’BLE JUDGES
C. Shivappa, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No''s. 1714 and 1726 and M.P. No''s. 2451 and 2467 of 1998

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Judgment

13 paragraphs · 257 words

C. Shivappa, J.—Heard the Counsels for both parties and with their consent, the matter is taken up for final disposal.

2.

In both these petitions the petitioners have challenged the order passed by Respondent No. 2, dated 2-12-1997. These petitioners have

received show cause notices between 14-11-1997 and 18-11-1997, wherein 30 days'' time was provided to file their objections. The impugned

order was passed on 2-12-1997 itself, without waiting for the objections filed by the petitioners, for which time was there till 15-12-1997 and 17-

12-1997 respectively.

3.

The petitioners ought to have questioned the impugned order within the period of limitation, on the same ground that no opportunity was

provided to them for filing objections. But, by now their limitation for filing appeal against the order also has expired. However, the learned

Additional Solicitor General, Mr. Masilamani, in order to give a quietus to the whole matter and to provide an opportunity of being heard to the

petitioners, has no objection to set aside the impugned order and remit the matter to Respondent No. 2, stipulating a definite time within which the

petitioners have to file their objections without expecting further show cause notices. Accordingly, the petitioners are directed to file their

objections to the notices already issued to them, and received by them between 14-11-1997 to 18-11-1997 within four weeks from today and

after receipt of the objections, respondents to adjudicate the matter in accordance with law. The writ petitions are ordered accordingly.

Consequently, the connected W.M.Ps. seeking for interim order, are dismissed as unnecessary.