2021 (6) TMI 793

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....anding the Commissioner of Customs (Appeals), Customs House, Willington Island, Cochin- 682 009, State of Kerala, to transfer the Appeal No.C27/118/DR1/2018/AU.CUS filed by the Petitioner and pending before the Commissioner of Customs (Appeals), Cochin against the Order-in-Original No. 139/2018 dated 17.09.2018 passed by the Additional Commissioner of Customs (DRI), Customs House, Cochin-09, for hearing to the Commissioner of Customs (Appeals), Mumbai in the State of Maharashtra with all papers and proceeding relating thereto; ii. issue a Writ of Mandamus or any other appropriate Writ, order or direction under Article 226 of the Constitution of India, commanding the Respondents to pay costs to the Petitioner, for this additional and unavo....

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....mmanding the South Zonal Bench of the Appellate Tribunal at Bangalore to transfer for hearing on merit the Appeal No. C/20005/2020 filed by the Petitioner against Ext P-2 Order-in-Appeal to the West Zonal Bench of the Appellate Tribunal at Mumbai with all papers and proceeding relating thereto for hearing at Mumbai; ii. Issue a Writ of Mandamus or any other appropriate Writ, order or direction under Article 226 of the Constitution of India, commanding the learned Members (Technical) whose appointment was challenged by the Advocate for the Petitioner not to hear the Appeal No.C/20005/2020 filed by the Petitioner against Ext P-2 Order-in-Appeal passed by the Commissioner of Customs (Appeals). iii. Issue a Writ of Mandamus or any other app....

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....alized and the matter could be heard in March since one Sri.S.S Garg, learned judicial member was also on tour. Keeping the aforementioned fact vide order dated 05.02.2021 this Court disposed of the review petition by holding that it would not be feasible that Sri.Raju technical member who was perpetually on tour and the matter would be heard while sitting with the member judicial who was also on tour and an appropriate and suitable approach was taken by directing the Ahmedabad Bench of CESTAT to decide appeal through video conference for the reason that one of the technical member Sri.Raju would also be a technical member of Bangalore Bench. The aforementioned arrangement was made keeping in view the findings in the order dated 03.03.2020.....