M/S Century Knitters (India) Limited and Others Vs. Union of India and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1126360
CourtPunjab and Haryana High Court
Decided OnFeb-11-2014
AppellantM/S Century Knitters (India) Limited and Others
RespondentUnion of India and Others
Excerpt:
cwp no.2517 of 2014 [1].in the high court of punjab and haryana at chandigarh cwp no.2517 of 2014 decided on : 11.02.2014 m/s century knitters (india) limited and others . . petitioners versus union of india and others . . respondents coram: hon'ble mr.justice ajay kumar mittal hon'ble mrs.justice anita chaudhry present: mr.rajiv atma ram, sr.advocate with mr.jagmohan bansal, advocate for the petitioners.**** ajay kumar mittal, j. (oral) learned counsel for the petitioners states that insofar as order- in-original dated 9th january, 2014 (annexure p-1).whereby, adjudication order has been passed against the petitioners and further prayer has been made to appoint a judicial officer to ascertain the truth of the alleged market enquiry on the basis of the alleged adjudication. 2. after arguing for sometime, learned counsel for the petitioners states that he may be allowed to withdraw the present writ petition with liberty to challenge annexure p-1 before the appellate authority in terms of section 128 of the customs act, 1962 (hereinafter referred to as 'the act').he further states that liberty be also granted to the petitioner to file a fresh petition regarding the prayer for appointment of a judicial officer to conduct an enquiry with respect to ascertain the truth of the alleged market enquiry. he also prays that withdrawal of writ petition may be without prejudice to the rights of the petitioners in any pending proceedings and in particular cm no.17312-cwp of 2013 in cwp no.10750 of 2012 jawala ram (annexure p-8).2014.02.12 17:10 i attest to the accuracy and integrity of this document cwp no.2517 of 2014 [2].3. dismissed as withdrawn. it shall, however, be open to the petitioners to file an appeal against the order-in-original dated 9th january, 2014 (annexure p-1) in terms of section 128 of the act. liberty is granted to the petitioner with regard to the second prayer to avail remedy available in accordance with law. it is also made clear that withdrawal of this writ petition shall be without prejudice to the rights of the petitioners in any pending proceedings and in particular cm no.17312-cwp of 2013 in cwp no.10750 of 2012 (annexure p-8).(ajay kumar mittal) judge (anita chaudhry) february 11, 2014 judge j.ram jawala ram 2014.02.12 17:10 i attest to the accuracy and integrity of this document
Judgment:

CWP No.2517 of 2014 [1].IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.2517 of 2014 Decided on : 11.02.2014 M/s Century Knitters (India) Limited and others .

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Petitioners Versus Union of India and others .

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Respondents CORAM: HON'BLE Mr.JUSTICE AJAY KUMAR MITTAL HON'BLE MRS.JUSTICE ANITA CHAUDHRY PRESENT: Mr.Rajiv Atma Ram, Sr.Advocate with Mr.Jagmohan Bansal, Advocate for the petitioneRs.**** AJAY KUMAR MITTAL, J.

(Oral) Learned counsel for the petitioners states that insofar as Order- in-Original dated 9th January, 2014 (Annexure P-1).whereby, adjudication order has been passed against the petitioners and further prayer has been made to appoint a Judicial Officer to ascertain the truth of the alleged market enquiry on the basis of the alleged adjudication.

2.

After arguing for sometime, learned counsel for the petitioners states that he may be allowed to withdraw the present writ petition with liberty to challenge Annexure P-1 before the Appellate Authority in terms of Section 128 of the Customs Act, 1962 (hereinafter referred to as 'the Act').He further states that liberty be also granted to the petitioner to file a fresh petition regarding the prayer for appointment of a Judicial Officer to conduct an enquiry with respect to ascertain the truth of the alleged market enquiry.

He also prays that withdrawal of writ petition may be without prejudice to the rights of the petitioners in any pending proceedings and in particular CM No.17312-CWP of 2013 in CWP No.10750 of 2012 Jawala Ram (Annexure P-8).2014.02.12 17:10 I attest to the accuracy and integrity of this document CWP No.2517 of 2014 [2].3.

Dismissed as withdrawn.

It shall, however, be open to the petitioners to file an appeal against the Order-in-Original dated 9th January, 2014 (Annexure P-1) in terms of Section 128 of the Act.

Liberty is granted to the petitioner with regard to the second prayer to avail remedy available in accordance with law.

It is also made clear that withdrawal of this writ petition shall be without prejudice to the rights of the petitioners in any pending proceedings and in particular CM No.17312-CWP of 2013 in CWP No.10750 of 2012 (Annexure P-8).(AJAY KUMAR MITTAL) JUDGE (ANITA CHAUDHRY) February 11, 2014 JUDGE J.Ram Jawala Ram 2014.02.12 17:10 I attest to the accuracy and integrity of this document