HINDUSTAN ZINC LIMITED Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) BY this petition, the petitioner seeks to challenge the order, Annex. 14, dated 27. 1. 2009 passed by the Commissioner of customs (Appeals), Kandla, whereby the application for stay and for waiving the condition of pre-deposit has been dismissed.

(2.) VIDE order dated 17. 2. 2009 show cause notice was issued returnable within two weeks and thereafter Mr. Mathur appeared for the respondents and since 18. 3. 2009, the matter is being adjourned for one reason or the other. The fact also remains that so far the appeal has not been decided on merits, nor has it been dismissed on the ground of non-fulfillment of the requirement of pre-deposit and consequent upon the order dated 27. 1. 2009.

(3.) LOOKING to the nature of the controversy involved, we think it appropriate to decide the writ petition finally at this stage itself as the parties are represented.