Prerna Singh, Chief Executive Officer ... vs Commissioner Of Customs( Import Ii), ... on 6 October, 2023

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Bombay High Court

Prerna Singh, Chief Executive Officer ... vs Commissioner Of Customs( Import Ii), ... on 6 October, 2023

Bench: G. S. Kulkarni

ppn                                     1            903 & 904.ia-1059.23 & 2225.23.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             ORDINARY ORIGINAL CIVIL JURISDICTION

                 INTERIM APPLICATION NO.1059 OF 2023
                                IN
                  CUSTOM APPEAL (L) NO.2382 OF 2023

Prerna Singh, Chief Executive Officer
Seville Products Limited                .. Applicant/Appellant
      Versus
Commissioner of Customs (Import II), Mumbai .. Respondent

                               WITH
                 INTERIM APPLICATION NO.2225 OF 2023
                                IN
                  CUSTOM APPEAL (L) NO.2350 OF 2023

Seville Products Limited                .. Applicant/Appellant
      Versus
Commissioner of Customs (Import II), Mumbai .. Respondent

           ---
Mr.Sriram Sridharan for applicant/appellant.
Mr.Dhananjay Deshmukh for respondent.
           ---
                        CORAM : G. S. KULKARNI &
                                     JITENDRA JAIN, JJ.

DATE : 6th October 2023 P.C.:-

. These interim applications are filed on the assumption that there is delay in filing the above appeals as the appeals are barred by limitation.

2. It is the case of the applicant that the email was addressed on 30th September 2020 during the pandemic times to file appeals as also enclosing the appeals by such electronic method at such time and, therefore, as per the procedure which was prevalent at that point ::: Uploaded on - 07/10/2023 ::: Downloaded on - 08/10/2023 03:19:23 ::: ppn 2 903 & 904.ia-1059.23 & 2225.23.doc of time, the appeals in fact were filed and thus there was no delay. To verify such averments, on 5th October 2023, we had passed the following order :-

". Prothonotary and Senior Master of this Court to verify and make a report as to whether an email dated 30 th September 2020 annexed at page 70 (Exhibit-E to this Interim Application) was received on the Email ID- [email protected].

Stand over to 6th October 2023."

3. There is a report of the Prothonotary and Senior Master on 5th October 2023 that such email from the advocate for the petitioner was received along with documents.

4. In this view of the matter, there is no delay in filing the appeal. Interim applications, accordingly, stand disposed of in above terms. Registry is directed to number this appeal without any objection as to limitation.

5. We also allow prayer clause (c) of the applications which reads thus :-

"(c) without prejudice to the above, that this Hon'ble Court may be pleased to direct the Registry of this Hon'ble Court to accept the hard copy of the captioned Appeal despite it being on green legal paper."

6. List the appeal on 26th October 2023.

       JITENDRA JAIN, J.                               G. S. KULKARNI, J.




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