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M/S.Penda Marketing Private Limited

High Court Of Kerala|22 May, 2014
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JUDGMENT / ORDER

The petitioner has preferred an appeal before the third respondent Customs, Excise and Service Tax Appellate Tribunal, New Delhi. Ext.P3 is the appeal and Ext.P4 is the stay petition. According to the petitioner, a special bench has to be constituted for hearing the matter, since the matter involves imposition of anti dumping duties. Insofar as no special bench has been constituted, the petitioner is unable to take up the matter before the authority concerned and obtain necessary interim orders. 2. This Court by an interim order dated 20.03.2014 stayed the recovery pursuant to Ext.P2 order passed by the first respondent for a period of two months. The petitioner was also directed to take steps to move the third respondent, Tribunal for appropriate interim orders in the meantime.
3. The learned Standing Counsel appearing for respondents 3, 4 and 5 submits that, since the matter is pending before the third respondent, the petitioner will have to approach the third respondent for getting appropriate orders W.P.C.No.8053 OF 2014 2 and there is no point in granting interim orders as prayed for.
4. It is submitted that the Tribunal, which is constituted for hearing the anti dumping cases is listing the cases once in six months, and when the matter is listed, the same will be considered and disposed in accordance with the procedure prescribed.
Having regard to the facts circumstances, I am of the view that this writ petition can be disposed of as follows:
i) The third respondent shall consider and dispose of Ext.P3 and Ext.P4 in accordance with the procedure prescribed. Until disposal of Ext.P3 and P4 all further proceedings pursuant to Ext. P2 shall remain stayed.
A.M.SHAFFIQUE, JUDGE jm/
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Title

M/S.Penda Marketing Private Limited

Court

High Court Of Kerala

JudgmentDate
22 May, 2014
Judges
  • A M Shaffique
Advocates
  • Sri Anil
  • Sri
  • R Sreejith Smt
  • C S Sulekha
  • Beevi Smt Rosie
  • Athulya Joseph