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2007 DIGILAW 1484 (SC)

Tin Mfg. Company of India v. Commissioner of Customs, Mumbai

2007-10-08

B.N.AGRAWAL, P.P.NAOLEKAR

body2007
ORDER : 1. Delay condoned. 2. Leave granted. 3. Heard learned counsel for the parties. 4. By the impugned order, the High Court after thirteen years dismissed the writ petition on the sole ground that the remedy of the appellant was to file an appeal under Section 12B of the Customs Act. In our view, once the High Court admitted the writ petition in the year 1990, after thirteen years, it was not justified in throwing out the same after making the appellant remediless as its appeal would be barred by limitation. This being the position, the appeals are allowed, impugned orders are set aside and the matter is remanded to the High Court to dispose of the writ petition in accordance with law after giving opportunity of hearing to the parties. 5. No costs. Appeals allowed.