Court Orders Supply of Order-in-Original, Clarifies Appeal Process Under Customs Act

The petition seeking a writ of Mandamus for the supply of Order-in-Original was satisfied when the Respondent provided the said order, fulfilling the main relief. The Court noted that the Order-in-Original dated 09.04.2012 is appealable under Section 128 of the Customs Act, 1962, and clarified that if an appeal is filed with an application for condonation of delay, the competent authority would decide it accordingly. The Court disposed of the writ petition and pending application without expressing an opinion on the case's merits or the issue of condonation of delay, leaving these matters to the Competent Authority's jurisdiction.

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Issues:
1. Petition seeking a writ of Mandamus for supply of Order-in-Original.
2. Direction to consider the date of communication of the impugned order.
3. Consideration of the Order-in-Original appealable under Section 128 of the Customs Act, 1962.
4. Disposition of the writ petition and pending application.

Analysis:

1. The petition sought a writ of Mandamus for the supply of Order-in-Original dated 09.04.2012. The Respondent provided the said order, satisfying the grievance. The main relief was thus fulfilled.

2. The Petitioner requested a direction for the date of communication of the impugned order to be considered as the date when the order was supplied for the purpose of Section 128 of the Customs Act, 1962.

3. The Petitioner acknowledged that the Order-in-Original dated 09.04.2012 is appealable before the Commissioner (Appeals) under Section 128 of the Customs Act, 1962. The Court noted this submission and stated that if an appeal is filed along with an application for condonation of delay, the competent authority would decide it in accordance with the law.

4. The Court disposed of the writ petition and pending application, clarifying that no opinion was expressed on the case's merits or the issue of condonation of delay, as these matters fall within the Competent Authority's domain. The judgment concluded with these observations, resolving the issues raised in the petition.

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