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2015 (9) TMI 618

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.... Raghuvansi Judgment Heard Shri S.D. Singh, learned Senior Advocate assisted by Shri Kartikeya Saran, learned counsel for the petitioner and Shri B.K.S. Raghuvanshi, learned counsel for the respondents. This writ petition has been filed by the petitioner seeking a writ of certiorari to quash the impugned order dated 18.06.2013 passed by the respondent under Section 129DD of the Customs Ac....

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.... on the ground of two days delay. Even though under Section 128 of the Customs Act, 1962 the Commissioner has a power to condone the delay of thirty days and it cannot be said that the delay of two days is a fatal delay. Against the order dated 27.04.2011 the petitioner filed a revision under Section 129 DD of the Customs Act and according to the petitioner the order dated 27.04.2011 was commun....

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....s served upon the petitioner. Further, as desired by the petitioner, the photo copy of Order-in-Appeal No.83/CUS/Appl/Noida/11 dated 27.04.2011 was sent to the petitioner at their following address..... Therefore, receipt of said letter cannot be considered as date of service of order-In-Appeal" A pointed question was asked by the Court as to whether to send the notice by speed post was the req....