The High Court allowed the amendment of prayer in a writ petition sought to quash a customs order passed with alleged inordinate delay and inconsistent with the Customs Act, directing registry to implement the amendment.
Registry directed to carry out the amendment to the writ petition and post the order on 29.10.2024.
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WMP.No.26175 of 2024 and WP.No.19019 of 2024
KRISHNAN RAMASAMY, J.
This Writ Petition has been filed seeking to amend the prayer in
W.P.No.19019 of 2024 as follows:
"For the reasons stated in the accompanying affidavit, it is therefore prayed that this writ petition is being filed for issuance of a writ or order more in the nature of a writ of certiorari to quash the Order in Original No.105165/2024 dated 19.02.2024 read with Corringendum in F.No.GEN/ADJ/COMM/492/2023-ADJN dated 03.05.2024 passed by the Respondent and further restrain the Respondent from initiating any recovery process of the adjudicated dues vide the above referred Order in Original in as much as the same has been passed with inordinate delay, contrary to statutory provision and in clear violation of the principles of Natural Justice and contrary to the amendment to sub section 9 of Section 28 of the Customs Act, 1962 (with effect from 29.03.2018) and thus render justice".
this Petition and also considering the submissions made by the learned counsel for the Petitioner as well as the Respondents, this petition is allowed.
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KRISHNAN RAMASAMY, J
arr
arr
22.10.2024 WMP.No.26175 of 2024 and WP.No.19019 of 2024
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1 issue framed by the court
Whether to allow the amendment of prayer in W.P.No.19019 of 2024 to seek quashing of the order due to delay and violation of natural justice.
1 provisions across 1 enactments
KRISHNAN RAMASAMY
Respondent
KRISHNAN RAMASAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
