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M.P.KUNJUMUHAMMED @ KUNJAPPA, AGED 48 versus THE COMMISSIONER OF CUSTOMS, CUSTOMS

High Court of Kerala

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M.P.KUNJUMUHAMMED @ KUNJAPPA, AGED 48 v. THE COMMISSIONER OF CUSTOMS, CUSTOMS - WP(C) No. 13349 of 2007(L) [2007] RD-KL 8892 (29 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 13349 of 2007(L)

1. M.P.KUNJUMUHAMMED @ KUNJAPPA, AGED 48,
... Petitioner

Vs

1. THE COMMISSIONER OF CUSTOMS, CUSTOMS
... Respondent

2. UNION OF INDIA, REPRESENTED BY THE

For Petitioner :SRI.JAMES ABRAHAM (VILAYAKATTU)

For Respondent : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :29/05/2007

O R D E R

S. SIRI JAGAN, J.

W.P.(C)NO. 13349 OF 2007

DATED THIS THE 29th DAY OF MAY, 2007



JUDGMENT

This writ petition is being adjourned from time to time from 13.42007 onwards. Today when the matter was taken up, the learned counsel for the petitioner was not present.

2. The petitioner challenges an order passed by the Customs, Excise and Service Tax Appellate Tribunal rejecting the application of the petitioner for dispensing with the requirement of pre-deposit the penalty imposed on the petitioner for entertaining his appeal filed by him against order imposing penalty. Ext.P1 is the said order. The Tribunal, who passed the order has not been made a party in this writ petition. I have gone through Ext.P1. The same gives very detailed reasoning for the conclusion arrived at by the Tribunal. I do not find any perversity in the findings arrived at for refusing to dispense with the requirement of pre-deposit of the penalty imposed on the petitioner. The Tribunal has exercised the discretion vested in it properly. Therefore, I do not find any merit in this writ petition and accordingly, the same is dismissed.

S. SIRI JAGAN, JUDGE

Acd


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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