Customs Act – case law 2

Posted on 21-10-2015        By chetan

1. Customs - TMI - 204655 - HC HALDIA PETROCHEMICALS LTD.Versus COMMISSIONER OF CUSTOMS (PORT) - (CALCUTTA HIGH COURT ) Pending decision - Double Member Bench is not available - The grievance is that the petitioner is unable to pursue its remedy in appeal due to non-availability of the Double Member Bench at the Tribunal in Kolkata. - , since Double Member Bench is not available, the grievance of the petitioner is justified - finds support from the judgment in Yeshanand Filaments - Therefore, in the interest of justice, the writ petition is disposed of by directing the respondents not to give effect to the order in original passed by the respondent No. 1 till the regular bench becomes available in Kolkata or till the application for stay of the petitioner in connection with the appeal presented before the Double Member Bench of the Tribunal is proceeded with, whichever is earlier

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