Research › Search › Judgment

Madras High Court · body

2005 DIGILAW 1249 (MAD)

Pranlal Mohanlal Shah v. The Assistant Commissioner of Customs & Another

2005-08-02

FAKKIR MOHAMED IBRAHIM KALIFULLA, MARKANDEY KATJU

body2005
Judgment :- (Appeal under clause 15 of the Letters Patent against the order of this Court dated 10.8.1998 passed in W.P. No.12166 of 1988.) Markandey Katju, C.J. This writ appeal has been filed against the impugned judgment of the learned single Judge dated 10.8.1998. 2. In our opinion, the appellant has an alternative remedy of filing an appeal under section 128 of the Customs Act. Hence we substitute the impugned judgment by the order that the writ petition is dismissed on the ground of alternative remedy of filing an appeal under section 128 of the Customs Act. However, if the appellant files an appeal within one month from today the same will be entertained without raising any objection as to limitation and shall be decided on merits thereafter expeditiously. The writ appeal is disposed off with the above observation. No costs.