NAVEEN GOEL Vs. COMMISSIONER OF CUSTOMS (PORT)

JUDGEMENT

(1.) The petitioner has assailed an adjudication order passed by the Commissioner of Customs (Port), Kolkata.

(2.) Learned Advocate for the petitioner has submitted that, although the impugned order is appealable, the writ petition is maintainable against the impugned order in view of the fact that, principles of natural justice have been violated while passing the impugned order. He has submitted that, the Customs Authorities did not issue any show cause notice to the petitioner. Consequently the petitioner was unaware of the proceedings. The petitioner, therefore, could not appear before the Customs Authorities. The petitioner was therefore, not heard by the Customs Authorities.

(3.) In support of his contention that, a writ petition is maintainable even when a statutory alternative remedy is available, the learned Advocate for the petitioner has relied upon (1986) 4 Supreme Court Cases 537 (Institute of Chartered Accountants of India Vs. L.K. Ratna and Ors.), (1998) 8 Supreme Court Cases 1 (Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and Ors.) and (2003) 2 Supreme Court Cases 107 (Harbanslal Sahnia and Anr. Vs. Indian Oil Corpn. Ltd. and Ors.).