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2016 (8) TMI 1126 - HC - CustomsMaintainability - pendency of appeal for release of seized goods - after repeated orders of the Court, the authority passed speaking order in the matter - goods unfit for human consumption - when the order so passed could be questioned in the regular proceedings, is writ petition maintainable, keeping in view of the fact that the petitioner has unnecessarily been harassed and by the time the matter would be decided by the Tribunal, the petitioner may suffer further injury and losses? - Held that: - So far the requirement of expeditious proceeding by the Customs, Excise and Service Tax Appellate Tribunal is concerned, there is no reason to doubt that upon the petitioner making a proper request for expeditious proceeding while pointing out the reasons, the Tribunal would not consider the same in accordance with law. Petitioner allowed to take recourse to appropriate remedy in accordance with law against the order passed by the authority concerned - all the submissions sought to be made by the petitioner, including those related with unnecessary delay on the part of the authority in passing the order, are left open to be raised by the petitioner in accordance with law with the Tribunal concerned - petition disposed off.
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