2012 (11) TMI 828

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....ohn Varghese, SC, P. Parameswaran Nair, ASGI, for the Respondent. [Judgment per : Manjula Chellur, ACJ.]. -  Whether the verdict passed by the learned Single Judge relegating the appellant herein to avail the statutory remedy is correct or not is the issue involved in this Writ Appeal. 2. The grievance projected by the appellant pertains to the rights and liberties of the appell....

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.... was entitled to have the benefit of Rule 12 of the Duty Drawback Rules exempting the writ petitioner from complying with the provisions of the Rules and accordingly, the matter was disposed to have the claim considered with reference to the Rules as aforesaid. Pursuant to the said verdict, the matter was considered by the competent authority, who passed Ext. P7 order dated 20-9-2011 whereby the c....

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....he claim considered in accordance with Rule 12 of the above Rules. It was after considering the matter in accordance with the direction given as aforesaid that Ext. P7 order was passed by the concerned respondent, which was the subject matter for challenge. It was observed by the learned Single Judge that the writ petitioner was entitled to challenge the said order by way of further appeal and thi....

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....as prayed for in the said Writ Petition. According to the respondents, the writ petitioner is not entitled to have the benefit as sought for, which resulted in Ext. P7 order. If the writ petitioner/appellant is aggrieved of the said order, it is open to the party to have it challenged by way of availing the statutory remedy by way of appeal under Section 129A of the Customs Act. In the above circu....