M/S SPARTAN INTERNATIONAL  Vs UNION OF INDIA & ORS.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
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+ W.P.(C) 128/2021 Decided on : 7th Janua ry, 2021
M/S SPARTAN INTERNATIONAL ….. Petitioner
Through: Mr.P.C.Patnaik, Adv.
Versus
UNION OF INDIA & ORS. ….. Respondent s
Through: None.
CORAM:
HON’BLE THE CHIEF JUSTICE
HON’BLE MS. J USTICE J YOTI SINGH

JUDGMENT
: D.N.PATEL, Chief Justice (Oral)
Allowed, subject to all just exceptions. C.M.No. 395/2021 (exemptions)
W.P.(C) 128/2021
1. This writ petition has been preferred w ith the following prayers: –
“a) issue a Writ in the nature of Mandamus or an
Appropriate writ, order or direction to decide the Appeal
(without insisting Pre -deposit, if any) filled by the
Petitioner on dated 24.10.2019 (Before the Appellate
Authority, Respondent No.3 ).

b) Issue a writ in the nature of certiorari or any other
appropriate writ, order or direction to quash the Spot
Adjud ication Order in Original No.60
JC/ICDIPPG/2019 -20 dated 28.08.2019 by Respondent
No.2 & all other proceedings emanated th erefrom.

c) Pass any other order or direction as this Hon’ble Court may deem fit in the interest of justice & in the facts &
circumstances of the case. ”

2. We have heard the learned counsel for the petitioner, who is
aggrieved and dissatisfied with the O rder-in-Original passed by the
Adjud icating Authority on 28th August, 2019 (Annexure P -2 to the memo of
2021:DHC:57-DB
this appeal) . An appeal under Section 128 of the Customs Act, 1962 was
preferred by the petitioner before the Commissioner Customs (Appeals) on
24th Octobe r, 2019. The said appeal is still pending before the Commissioner
Custom s (Appeals) .
3. It is submitted by the counsel for the petitioner that he would be
satisfied if the writ petition is disposed of with a suitable direction to the
Appellate Authority to di spose of the pending appeal , within a time bound
schedule.
4. So far as prayer (b) is concerned, learned counsel for the petitioner
does not press the same at this stage.
5. Looking to the facts and circumstances of the case, we direct the
Commissioner Customs (Appeals) to decide the appeal titled as M/s Spartan
International Vs. Joint Commissioner of Customs , preferred by the petitioner
against the O rder-in-Original dated 28th August, 2019, in accordance with
law and relevant R ules, Regulations and Governme nt Policies applicable to
the facts of the case as also taking into account the evidence on record.
Needless to state that an opportunity of hearing shall be given to the concerned parties before taking a decision. The said appeal sha ll be decided
as exped itiously as possible and practicable, if not already decided.
6. With these directions , this writ petition is disposed of.

CHIEF JUSTICE

J YOTI SINGH, J
J ANUARY 07, 2021 /‘anb’
2021:DHC:57-DB