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1997 (2) TMI 115 - SC - CustomsWhether 1st respondents in these civil writ appeals could be said to be `persons aggrieved' within the meaning of Section 129A of the Customs Act, 1962 so that they could challenge before the Customs, Excise and Gold (Control) Appellate Tribunal the order passed by the Additional Collector of Customs, Bombay dated 5th June, 1989 agreeing with the notings made by the Assistant Collector of Customs dated 31st May, 1989 recommending release of the imported goods to the common appellant on payment of full customs duty? Held that:- The High Court had committed a patent error of law in taking the view that the concerned writ petitioners before it had sufficient locus standi to prefer appeals before CEGAT. The decision of CEGAT holding that they had no such locus standi was perfectly justified on the scheme of the Act and it was wrongly set aside by the High Court. Consequently the appeals will be required to be allowed. As the proceedings are pending since long before the High Court so far as the aforesaid challenge is concerned it would be in the interest of justice to request the High Court to decide the said writ petition on the merits of the question regarding the legality and property of the order of Collector/Assistant Collector of Customs dated 5th June, 1989 as expeditiously as possible preferably within a period of four months from the date of receipt of a copy of this order at its end.The appeals are accordingly allowed. The common judgment under appeal as rendered by the High Court is quashed and set aside with a direction to the High Court to decide on merits.
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