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2016 (9) TMI 1122 - HC - CustomsIssuance of writ of mandamus to implement the order passed by the appellate authority - the appellate authority dismissed the appeal filed by the Department and allowed the petitioner's appeal and reduced the redemption fine for re-export from ₹ 2,10,000/- to ₹ 1,50,000/- and did not interfere with the personal penalty - order of appellate authority not implemented by the respondents - revision filed against the order - whether on not granting of order by the Revisional Authority would amount to stay of order passed in the appeal? - Held that: - the decision in the case of NVR Forgings v. Union of India [2016 (5) TMI 7 - PUNJAB AND HARYANA HIGH COURT] is relied upon where it was held that the Revisional Authority has no jurisdiction to entertain the Revision Petition, against an order passed by the Officer, who is in the same cadre. In any event, the order passed by the Appellate Authority, having been nearly one year back, this Court is of the view that one more opportunity can be granted to the Department to pursue the revisional remedy and if they are unable to obtain any orders, either interim or final, then, they have to comply with the Order-in-Appeal. Writ petition disposed off - four weeks time granted to the respondent / Department from the date of receipt of the copy of this order, to obtain appropriate interim or final orders from the Revisional Authority, failing which, the orders passed by the Commissioner of Appeals, dated 29.10.2015, shall be implemented within a period of ten days from the date on which the thirty days' period expires - decided against petitioner.
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