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1998 DIGILAW 456 (MAD)

Kiran Silicates Private Limited v. Central Board of Customs and Central Excise, New Delhi

1998-03-23

C.SHIVAPPA

body1998
Judgment :- The Order of the Court is as follows :- Heard the Counsels for both parties and with their consent, the matter is taken up for final disposal. 2.In both these petitions the petitioners have challenged the order passed by Respondent No. 2, dated 2-12-1997. These petitioners have received show cause notices between 14-11-1997 and 18-11-1997, wherein 30 days' time was provided to file their objections. The impugned order was passed on 2-12-1997 itself, without waiting for the objections filed by the petitioners, for which time was there till 15-12-1997 and 17-12-1997 respectively. 3.The petitioners ought to have questioned the impugned order within the period of limitation, on the same ground that no opportunity was provided to them for filing objections. But, by now their limitation for filing appeal against the order also has expired. However, the learned Additional Solicitor General, Mr. Masilamani, in order to give aquietusto the whole matter and to provide an opportunity of being heard to the petitioners, has no objection to set aside the impugned order and remit the matter to Respondent No. 2, stipulating a definite time within which the petitioners have to file their objections without expecting further show cause notices. Accordingly, the petitioners are directed to file their objections to the notices already issued to them, and received by them between 14-11-1997 to 18-11-1997 within four weeks from today and after receipt of the objections, respondents to adjudicate the matter in accordance with law. The writ petitions are ordered accordingly. Consequently, the connected W.M.Ps, seeking for interim order, are dismissed as unnecessary.