Re-filing delay condoned, but appeal kept pending until comparable orders for similarly placed Custom House Agents are produced.

Delay in re-filing the appeal was condoned, granting interim relief, but the HC declined to entertain the appeal immediately because the comparable orders concerning similarly placed Custom House Agents had not been produced. Final consideration was deferred, and the matter was kept pending for further hearing with a direction that, if the orders were not placed on record, it would proceed on the existing material.

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Issues: Whether the delay in re-filing the appeal should be condoned, and whether the appeal should be entertained pending production of comparable orders concerning similarly placed Custom House Agents.

Analysis: The delay in re-filing was condoned. The Court, however, was not inclined to entertain the appeal at that stage in view of the stated factual concerns and the absence of the orders earlier directed to be placed on record. The matter was kept pending and listed for a further hearing with a clear indication that, in default of production of the orders, it would proceed as it stood.

Outcome: Interim relief was granted by condoning the delay in re-filing, while final consideration of the appeal was deferred.

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