OREINT EXPORTS (PVT.) LTD. Vs. MARITIME COMMISSIONER

JUDGEMENT

(1.) An order-in-appeal dated April 15, 2005 passed by the Commissioner (Appeals), Coimbatore is under challenge in the present writ petition.

(2.) Learned Advocate appearing for the petitioners submits that, petitioners are carrying on business in Kolkata. It exported certain goods from Kolkata. Petitioners had nothing to do with Coimbatore. Petitioners were wrongly implicated in the proceedings in Coimbatore. Petitioners came to learn of the order-in-original subsequent to such order-in-original being enforced in Kolkata. After receiving the order-in-original, it had preferred an appeal before the Appellate Authority in Coimbatore. The order-in-original was passed in breach of principles of natural justice. The show cause notice was also not served upon the petitioners. The Appellate Authority did not return a categorical finding as to whether the show cause notice was served upon petitioners or not. He draws the attention of the Court to various findings returned by the Appellate Authority and submits that, such findings are perverse. They are based upon surmises and conjunctures. Since the proceedings resulting in the order-in-original is vitiated by the breach of principles of natural justice and lack of jurisdiction, the impugned order-in-appeal should also be quashed on the same principles.

(3.) Learned Advocate appearing for the respondents submits that, the High Court has no jurisdiction to entertain the writ petition. The order-in-appeal was passed by the Commissioner (Appeals), Coimbatore. The jurisdictional High Court in which, the Commissioner (Appeals), Coimbatore has office will have the jurisdiction over the subject matter of the writ petition.