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2019 (11) TMI 1350 - HC - CustomsJurisdiction - authority to file an appeal - case of respondent is that a person, who is not a party to a writ petition, cannot file an appeal against the order passed in the writ petition and therefore, the appellant has no locus to challenge the ad interim order passed by the learned single Judge - By the impugned order passed by the learned single Judge, the process of registering sales contract for import of Poppy sees from China in response to the public notice has been stayed. - HELD THAT:- Since the matter is sub-judice before the learned single Judge and has come up before us only against an ex parte interim order, therefore, we do not intend to deal with the merits of the case as the same has to be dealt with by learned single Judge. However, the fact remains that the impugned order dated 24.10.2019 passed by the learned single Judge adversely affects all the parties whose applications are pending for registration in response to the public notice dated 04.10.2019. Since the impugned order has been passed without hearing the parties including the appellant, which would be adversely affecting it’s interests, and the impugned order, in fact, tantamounts to violation of principles of natural justice, we are inclined to quash the order dated 24.10.2019 insofar as it pertains to the appellant herein and direct the respondent no.1 herein to implead the appellant has respondent in the writ petition.
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