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Judgment
A.R. Lakshmanan, J.—Both these Writ Petitions were filed by the petitioners to direct the 3rd respondent to release the goods as per Bill of Entry bearing No. 34, dated 5-4-1995 and relating to the import of kraft cutting waste paper from Singapore by following the orders of the 2nd respondent herein made in his common order dated 30-8-1995 in Appeal Nos. C24B/13/95 and C. No. 24B/14/95 and Order in Appeal Nos. 71 & 72 (Customs) by issuance of writ of Mandamus or any other appropriate Writ or direction.
The Petitions were admitted on 20-11-1995. It is stated that the appellate authority has directed the 3rd respondent to release the goods as per the Bill of Entry bearing No. 34, dated 5-4-1995 and relating to the import of kraft cutting waste paper from Singapore by following the orders of the 2nd respondent herein made in his common order dated 30-8-1995 in Appeal Nos. C/24B/13/5 & C24B/14/95. It is contended by the learned counsel for the petitioner that once an order of clearance in terms of Notification No. 40/94 after proper mutilation has been passed, the 3rd respondent has to release the goods without any delay.
It is now represented by Mr. Jayachandran, learned counsel for the respondents that against the common order of the appellate authority dated 30-8-1995, the Department has preferred appeals before the ''CEGAT'' in Appeal Nos. C/433/95 & C/434/95 and also obtained interim stay of the operation of the order impugned in those appeals on 14-12-1995. In view of the stay now granted by the ''CEGAT'', the petitioner, in my opinion, is not entitled to the relief asked for in the Writ Petition, but, however to await the verdict of the ''CEGAT'' before which the appeals have been filed by the Department against the orders of the appellate authority.
It is now contended by the learned counsel for the writ Petitioners Mr. Jayaraj, that there is an urgent and acute necessity for the goods imported and because of the delay in releasing the said goods after proper mutilation in terms of Notification No. 40/94 , the petitioners would be put to irreparable loss and hardship and also not able to utilise the goods for the purpose for which the goods were imported and that the petitioner will also incur heavy loss and also loss of reputation in the trade. He also represented that the petitioners are also suffering heavy demurrage charges and also to incur charges for the containers. Therefore, he requests that a direction may be issued to the ''CEGAT'' to dispose of the appeals as expeditiously as possible. The request now made by the learned counsel for the petitioners is just and reasonable.
Therefore, this Court direct the ''CEGAT'' to dispose of the appeals pending before it as expeditiously as possible within a maximum period of two months from today, in view of the urgency of the situation as explained in the above paragraphs. With this direction, these Writ Petitions are disposed of. No costs. Consequently, WMPs. 25382 & 25383/95 are dismissed Index : Yes/No. as unnecessary.