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2015 (10) TMI 1284

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..... ar before the Commission; same shall then proceed in accordance with law – Appeal disposed conditionally in favour of Petitioner. - WRIT PETITION NO. 340 OF 2015 - - - Dated:- 31-8-2015 - C. DHARMADHIKARI And B. P. COLABAWALLA, JJ For the Petitioner : Mr. Ajinkya Patil i/b. India Law Alliance For the Respondent : Mr.Pradeep S.Jetly ORDER This Writ Petition challenges the order passed by the Settlement Commission dated 11th November, 2014. 2) It is common ground that an application for settlement was filed on 6th January, 2014 before the Settlement Commission. It was made over to the Settlement Commission's Additional Bench. The application is traceable to section 127B of the Customs Act, 1962. That sought s .....

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..... Yet, the Commission postponed the hearing and when it realised that even after more than three weeks, no further documents have been filed and the settlement application should be ordinarily disposed of expeditiously that it dealt with the application on merits. That was a last resort and such order of the Commission, which is fair, just and proper, should not be interfered with and the Petition be dismissed. 5) With the assistance of both sides, we have perused the Petition paper book and the impugned order. We are of the view that the Commission was justified in holding that if the application has been filed on 6th January, 2014 and earlier hearings were fixed on 17th June, 2014, 14th August, 2014, 9th September, 2014 and 7th October, .....

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..... n should proceed with his application in accordance with law. The Commission's order and impugned in this Writ Petition is set aside with this condition and an additional condition of payment of costs quantified at ₹ 50,000/. The costs shall be paid within a period of two weeks from the date of receipt of a copy of this order and compliance reported to the Commission. On the Petitioner satisfying the Commission with regard to compliance of both the conditions, the Commission shall revive the proceedings and dispose them of in accordance with law, expeditiously. The Petitioner shall cooperate with the Commission and not seek frivolous or unnecessary adjournments. No extension of time will be granted and failure to comply with the c .....

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