2022 (7) TMI 1074 - HC - Customs

Two separate adjudication orders have been passed which emerge out of a single show-cause notice - HELD THAT - Issue notice. List the above-captioned matters on 05.09.2022.

Summary

Issues involved:
Petitioners seeking interim relief due to separate adjudication orders arising from a single show-cause notice.

Analysis:
The High Court, comprising Hon'ble Mr. Justice Rajiv Shakdher and Hon'ble Ms. Justice Tara Vitasta Ganju, heard the matter involving Mr. Rakesh Prasad Singh, Advocate as the Petitioner and Mr. Anurag Ojha, Sr. Standing Counsel for the Respondents. The Court allowed the applications filed by the petitioners subject to filing legible copies of annexures three days before the next hearing date in W.P.(C) 10390/2022 and W.P.(C) 10403/2022. The principal grievance raised by the petitioners was the issuance of two separate adjudication orders on different dates, 14.02.2022 and 26.03.2022, stemming from a single show-cause notice dated 22.05.2019. The Court acknowledged the correctness of this assertion on the face of it.

Mr. Anurag Ojha, representing the respondents, informed the Court that he needed to seek instructions and would return. Consequently, the Court issued notice on the issue. Mr. Ojha accepted the notice on behalf of the respondents. The Court directed the filing of a counter-affidavit within the next four weeks, with any rejoinder to be filed before the subsequent hearing. The matters were listed for further proceedings on 05.09.2022. Additionally, the Court ordered that no coercive measures should be taken against the petitioners in connection with the aforementioned adjudication orders during the interim period.