Appeal against order directing pre-deposit of differential duty before entertaining tribunal appeal. Court declined to accept fresh plea of financial hardship but extended time limit for compliance.
Time for compliance with pre-deposit order extended by one month; judgment confirmed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC &
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 2ND DAY OF AUGUST 2017/11TH SRAVANA, 1939
WA.No. 1605 of 2017 IN WP(C)17392/2017 -------------------------------------AGAINST THE JUDGMENT IN WP(C) 17392/2017 of HIGH COURT OF KERALA DATED 25-05-2017
APPELLANT/PETITIONER:
M/S.SWALA AGENCY DOOR NO. SNP - IX/18, THEKKEMURI, SOORANAD NORTH, KOLLAM DISTRICT, REP. BY ITS PROPRIETOR, SHRI.SHIHAB BY ADVS.SRI.M.S.SAJEEV KUMAR SMT.A.N.JYOTHILEKSHMI SMT.R.PREETHA SMT.LAKSHMI S KUMAR
RESPONDENTS/RESPONDENTS:
THE COMMISSIONER OF CUSTOMS OFFICE OF THE COMMISSIONER OF CUSTOMS, WILLINGDON ISLAND, COCHIN 682 009.
R BY SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE &A
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & SHIRCY.V, JJ.
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Writ Appeal No.1605 of 2017
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Dated this the 2nd day of August, 2017
JUDGMENT
Antony Dominic, J.
on an application filed seeking waiver of pre-deposit for entertaining the appeal preferred by the appellant.
did not have a prima facie case. Having found so, we cannot find
Writ Appeal No.1605 of 2017
: 2 :
fault with the Tribunal for not specifically going into the case of financial hardship.
reason to disagree with the learned Single Judge. However, on that
stage, learned counsel for the appellant sought for extension of time by one more month for complying with Ext.P8 order. On this
request, we heard the Standing Counsel for the respondent also.
for compliance of pre-deposit as ordered in Ext.P8 will stand extended by one month from today.
Subject to the above, the judgment will stand confirmed.
SD/-
ANTONY DOMINIC JUDGE
SD/- SHIRCY.V JUDGE
jes
M/S SWALA AGENCY REP. BY PROPRIETOR SHRI SHIHAB
THE COMMISSIONER OF CUSTOMS OFFICE OF THE COMMISSIONER OF CUSTOMS WILLINGDON ISLAND
ANTONY DOMINIC
SHIRCY V
As recorded by the court registry
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