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TMI Blog2023 (6) TMI 1374X X X X Extracts X X X X X X X X Extracts X X X X ..... mic Laws Practice For the Respondent : Mr. Subir Kumar a/w Ms. Kavita Shukla and Mr. Kashish Rehan for Respondent Nos.2 and 3. P. C. : 1. This Petition under Article 226 of the Constitution challenges an order dated 5th April 2023 passed by the Commissioner of Customs (General), whereby exercising powers under the Handling of Cargo in Customs Areas Regulations 2009 (for short 'HCCAR 2009') th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... operate from 4th May 2023, subject to further orders to be passed in the present Writ Petition. By further orders, such protection as granted by this Court was extended till date i.e. 19th June 2023. 3. It is on the above backdrop we have heard learned counsel for the parties. Mr. Dada, learned senior counsel for the Petitioner has taken us through the record which primarily includes the show ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it would be appropriate for the Petitioner to avail of the remedy of an appeal, so that the rival contentions of the parties on the aspects of facts and law can be adjudicated before the Tribunal. We, therefore, do not dwell into the merits of the rival contentions. We are also informed by Mr. Dada that the limitation under the provisions is of three weeks which would come to an end on or about 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pt open. (iv). Needless to observe that if the appeal alongwith stay application is not filed, protection granted by this Court shall cease to operate and in that event, Respondent shall be at liberty to take further appropriate action as per the provisions of law after the period limitation to file the appeal expires. (v). The Tribunal shall make an endeavour to hear the parties on the stay a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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