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2019 (7) TMI 1473

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..... petition now turns on an extremely narrow compass, the scope of the writ petition itself is being very limited. 4. Subject matter of disputation in writ petition is receipt /non receipt of an order made by the lone respondent being order dated 19.02.2019 bearing reference 'Order in Original No.67595/2019' [hereinafter 'said order' for brevity]. 5. It is the case of the writ petitioner that in the course of his business, he came to know that the respondent has passed said order interalia imposing a penalty of Rs. 2,00,000/- (Rupees Two Lakh Only) on the writ petitioner under Section 112(a) of the Customs Act. It is the further case of the writ petitioner that though the writ petitioner came to know about this order in the c .....

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..... had been returned to the office of the respondent with the postal endorsement 'Refused'. To be noted, the postal endorsement is dated 21.03.2019. Despatch of the said order by Speed Post to the writ petitioner by the office of the respondent is under postal receipt bearing reference 'ET216978885IN'. 10. However, learned counsel for writ petitioner, on instructions, submitted that the said order said to have been despatched in the aforesaid manner and refused by the addressee was never brought to the writ petitioner by the postal authorities. Therefore, the learned Revenue counsel undertook to produce the records and this has been captured in the earlier proceedings dated 19.07.2019 which reads as follows: 'Learned Re .....

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..... it as he is not the intended recipient. In this backdrop, this Court deems it appropriate to accede to the prayer of the writ petitioner, holding that certified copy of said order has not been duly served on the writ petitioner. 15. The respondent is directed to provide a certified copy of the said order i.e., 'Order in Original No.67595/2019' dated 19.02.2019 by despatching it by Speed post with acknowledgment due to the full / complete and correct address of writ petitioner, i.e., 'T.R.Boopalan, S/o.Mr.Ramalingam, No.3A, Kennedy Square, 2nd North Street, Thiru.Vi.Ka.Nagar, Chennai - 600 011' within a fortnight from today. 16. Though obvious, it is made clear that in the light of the narrative thus far, the date of recei .....

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