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2019 (6) TMI 491 - GUJARAT HIGH COURTVires of N/N. 19/2019-Customs (ADD) dated April 16, 2014 - effect and implementation of Notification No.19/2019Customs (ADD) dated April 16, 2014 - HELD THAT:- he Court is of the view that the development in this matter and the passing of the orders time and again clearly indicate that the matter was to be decided finally on or before 26/04/2019. However, on account of respondents' inability to place on record their version of reply, the matter was required to be adjourned and that adjournment and posting of the matter unfortunately has resulted into passing of the notification of 16/04/2019 which if not suspended would amount to rendering the Court's order and proceedings infructuous without there being adjudication which situation cannot be permitted to prevail in any circumstances especially when the High Court is examining the final finding under Article 226 of the Constitution of India and when the Court has informed all the concerned by way of orders that the notice was being issued for final finding it was expected of all to be mindful of the time line fixed by the Court so as to contribute in the proceedings of hearing and adjudication which was subject matter of the main petition. The said subject matter cannot be permitted to be rendered infructuous only on account of, may be inadvertence, on part of the Union of India. Nor would any order of recording import hereafter be of any help to the petitioner as the petition would become infructuous if the impugned notification in this application is permitted to be remained operative. The Court is constrained to suspend the notification dated 16/04/2019 till final disposal of the main petition which is ordered to be placed on 12/06/2019.
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