CHANDRAPRABHU INTERNATIONAL LTD Vs. COMMISSIONER OF CUSTOMS KOLKATA

JUDGEMENT

(1.) The Court: This is an application for setting aside and/or recalling of order dated 28th May 2001 passed by me in writ petition being No. 1047 of 2001. The impugned order was passed admittedly ex-parte.

(2.) Commissioner of Customs contends that the aforesaid order was obtained by the writ petitioner without serving any notice in consonance with Rule 26 of Rules of this High Court relating to applications under Article 226 of the Constitution of India and as a result whereof the respondent No.1 applicant herein was denied reasonable opportunity of being heard as because of Short notice the respondent No.1 was prevented from appearing at the time of hearing of the writ petition when the aforesaid impugned order was passed.

(3.) Mr Debal Banerjee, learned senior advocate appearing with Mr. Biswanath Samaddar learned advocate submits that in this case a notice was served at around 3 p.m. on Friday the 25th May 2001 with an intimation that the writ petitioner was to be moved on 28th May 2001. Intervening days were being Saturday and Sunday which were holiday. Therefore, the applicant herein could not take any step for engagement of learned counsel. Even then the applicant tried his level best to take step for engagement of counsel and as such the copy of the application and the papers relating to this application were sent to legal section of the respondent No.1 at around 5.20 p.m. After observing all departmental formalities the applicant herein could take steps on Monday being the first available working day, i.e., on 28th May 2001 to contact with the concerned department, viz., the Appraising Group-II. Before the said concerned department could contact with the Law Ministry for the purpose of engaging counsel, the writ petitioner had already moved this Court sitting in Vacation on 28th May 2001 at the first sitting of the Court and by that time the aforesaid interim order was obtained. Under such circumstances it will appear that the petitioner could not appear at the time of passing of the aforesaid order.