WELSPUN MAXSTEEL LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners and learned senior counsel for the Respondents.

(2.) During the course of hearing on 20th October, 2010, it is brought to our notice that on Respondent No. 3, the then Deputy Commissioner of Customs, Contract Cell, Mumbai had heard the show cause notice. Detailed arguments were made and various case-laws were relied upon by the Petitioners in support of the submissions made. Written submissions were also circulated reiterating oral submissions advanced. However, it appears from the record that on 24th December, 2008; 22nd January, 2009; 3rd April, 2009; and 9th December, 2009 a specific request was made by the Petitioners to Respondent No. 3 to decide the matter, however, no decision was taken by the said Respondent No. 3. It appears from the record that the matter remained pending almost for a period of four years. When this gross negligence came to the notice of this Court, by order dated 20th October, 2010, Revenue was directed to disclose the name and present posting of the officer who had heard the matter of the Petitioners on 29th August, 2005 and did not pass order.

(3.) In response to the above order, Mr. Desai, learned senior counsel for the Revenue has disclosed the name of the officer as under :