Home Case Index All Cases Customs Customs + HC Customs - 2019 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (1) TMI 732 - HC - CustomsAdjournment of the matter - Court refused to extend its beneficial jurisdiction to the appellants on the ground of the conduct of the appellants, particularly, the delay in approaching the Court - Held that:- It is evident that the order dated July 14, 1987 was not directly challenged by way of the writ proceedings. Indeed, it was the Appellate Tribunal’s order that was challenged and, by a side-wind, the original order of July 14, 1987 was sought to be questioned. Since the order dated July 14, 1987 was amenable to an appeal and the outcome in the appeal was amenable to a challenge before the Appellate Tribunal and the appellants herein exhausted their remedies in such regard, the original order could no longer be challenged in any manner or form without the intermediate orders (meaning, the order of the Commissioner (Appeals) and the order of the Appellate Tribunal) being found to be erroneous - In any event, the Single Bench also disbelieved the appellants’ contention that they had merely sought an adjournment on July 13, 1987 and had chosen to make no enquiries as to the fate of their matter thereafter. The order impugned does not call for any interference - application dismissed.
|