AI Structured Summary
Not yet generated for this judgment
Judgment
CM No. 21924/2016 (for condonation of delay in filing the review petition) : For the reasons stated in the application, the delay in filing the review petition is condoned.
The application is disposed of.
Rev. Pet. 281/2016 in W.P. (C) 485/1998 :
This is an application filed by the Respondent No. 3 Commissioner of Customs seeking review of the judgment dated 21st January, 2016 passed by this Court. It is pointed out that in Para 27 of the judgment the Court has noted the statement of counsel for the petitioner that despite the order of the Court permitting the Customs Department to proceed with the adjudication, no adjudication in fact took place pursuant to the show cause notice dated 3rd January, 1998. However, an adjudication order was in fact passed on 25th July, 2005, a copy of which has been enclosed with the review petition as Annexure RA-3.
By order dated 4th February, 1998, the Court had while directing notice to issue in the writ petition permitted the respondents to proceed with the adjudication proceedings. The Court further directed : "however the final order to be passed shall not be given effect to till the next date except by the leave of the Court."
The record of the proceedings shows that after the passing of the above adjudication order on 25th July, 2005 the Court was not informed by either of the parties about the above fact. Be that as it may, the said adjudication order in any event could not have been given effect to without the leave of the Court.
The Court has, therefore, perused the adjudication order dated 25th July, 2005. It confirms the demand raised in the SCN. It is based essentially on the notices and orders passed by the Director General of Health Services. In particular, it refers to the order passed by the DGHS on 4th November, 1997 which this Court has in its judgment dated 21st January, 2016 found to be unsustainable in law.
Consequently, the fact that the SCN dated 3rd January, 1998 resulted in an adjudication order dated 25th July, 2005 does not make any difference to the conclusion reached by the Court as regards the validity of the action taken against the petitioner.
Consequently, the following sentence in Para 27 of the judgment dated 21st January, 2016 shall stand deleted :
"He states that despite the orders of this Court permitting the Customs to proceed with the adjudication, no adjudication in fact took place pursuant to the show cause notice dated 3rd January, 1998." Further, Para 32 of the judgment dated 21st January, 2016 shall stand deleted and Paras 33 and 34 shall be renumbered as Paras 32 and 33 respectively.
The review petition is disposed of in the above terms.