VISHWA TRADERS PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned Counsel for the parties. Rule is made returnable forthwith. The learned Counsel for the Respondents waives service. By consent taken up for hearing.

(2.) By this Petition, the Petitioners are challenging the order dated 22nd September, 2006 passed by the Settlement Commission, Additional Bench, Customs and Central Excise, Mumbai, mainly on the ground of no opportunity of fair hearing was given. Unfortunately, the learned Advocate for the Petitioners could not remain present on 29th August, 2006 and only the Director of the Petitioner-Company was present. The learned Counsel for the Petitioners Mr.Kantawala submitted that a specific plea was made on 23rd August, 2006 requesting that the learned Counsel Mr.Willingdon, who was appearing for the Petitioners would not be available for two weeks and hence sought two weeks adjournment. However, the Settlement Commission had granted adjournment only up to 29th August, 2006 and refused further adjournment and proceeded to pass the impugned order.

(3.) The main grievance of the learned Counsel for the Petitioners is that the Petitioners' Counsel should have been allowed to appear and a fair opportunity of hearing ought to have been granted. The learned Counsel for the Respondents points out that earlier, the Commissioner had granted four adjournments and there is nothing erroneous in passing of the said order dated 22nd September, 2006.