HALDIA PETROCHEMICALS LTD. Vs. COMMISSIONER OF CUSTOMS (PORT)

JUDGEMENT

(1.) Affidavit-of-service filed in Court today be kept with the records.

(2.) In the writ petition, the petitioner, a company within the meaning of the Companies Act, 1956, has prayed for a direction upon the respondents particularly on the Commissioner of Customs (Port) and the Additional Director General, Directorate of Revenue Intelligence, Kolkata Zonal Unit, Kolkata, respondent Nos. 1 and 2 respectively not to give effect or further effect to the order in original dated 14th May, 2010 passed by the respondent No. 1 directing confiscation of the goods and imposing penalty and interest on the ground that the appeal and the stay application filed could not be taken up as the Double Member Bench of the learned Central Excise, Customs and Service Tax Appellate Tribunal, Eastern Regional Bench, Kolkata ( for short 'the Tribunal') is not sitting regularly which has resulted in uncertainty in disposal of the appeal and hearing of the stay application. Submission is due to non-availability of the Double Member Bench of the Tribunal the petitioner may be non-suited. Relying on the judgment in Yeshanand Filaments Pvt. Ltd. v. Union of India - 2010 (255) E.L.T. 233 (Bom.), it is submitted that directions may be issued for staying the impugned order in appeal till regular bench becomes available in Kolkata.

(3.) Learned advocate appearing on behalf of the respondents submits that since an application has been filed for out of turn hearing of the application, it has to be considered in accordance with the procedure as laid down in law.