NAYASA EXPORTS PRIVATE LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) AT the request of the parties, the petition is disposed of at the stage of admission. In this petition under Article 226 of the Constitution of India the petitioners have challenged:

(2.) AS regards the contention of the petitioners that the order -in -original, dated 19 February 2013, has not been served upon them, the learned Counsel for the respondents was not in a position to indicate any document to prove the service of order -in -original, dated 19 February 2013 upon the petitioners. Learned Counsel for the respondents has placed on record a copy of the order -in -original, dated 19 February 2013 and also served a copy of the order, dated 19 February 2013 on the petitioners. Accordingly, the order, dated 19 February 2013 is taken on record and marked "X" for identification.

(3.) LEARNED Counsel for the petitioners submit that the petitioners did not get reasonable opportunity of placing their case before the Adjudicating Officer because the last hearing was fixed on 28 January 2013 but the notices were served upon the petitioners only on 28 January 2013 itself. Therefore, the petitioners could not appear before the Adjudicating Authority and the Adjudicating Authority has proceeded to pass the impugned order on 19 February 2013. In the above circumstances, the petitioners pray that the order, dated 13 February 2013 be set aside and the matter be restored to the Commissioner of Customs for adjudication.