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Jammu & Kashmir High Court

Satya Metals And Ors. vs . Union Of India And Ors. on 28 March, 2019

Bench: Chief Justice, Sindhu Sharma

Serial No. 5
Regular List
                          HIGH COURT OF JAMMU AND KASHMIR
                                      AT JAMMU

         OWP No.1323/2009, IA Nos.2117/2013 & 1708/2009
                                                                     Date of order: 28.03.2019

         Satya Metals And Ors.                    vs.        Union of India and Ors.

         Coram:
               HON'BLE THE CHIEF JUSTICE
               HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
         Appearance:
         For the petitioner/appellant (s)     : Mr. Naveed Mullick, Advocate
                                                 Mr. Pranav Kohli, Advocate
                                                 Mr. Parth Mullick, Advocate.
         For the Respondent(s)                : Mr.Jagpaal Singh, Sr. Standing Counsel.

i) Whether approved for reporting in Yes/No Law journals etc.:

ii) Whether approved for publication in press: Yes/No

1. A show cause notice dated 25th July, 2008 (Page-18) was issued under Section 11-A of the Central Excise Tariff Act, 1985. It appears that the Additional Commissioner (Prev.) from the Office of the Commissioner Customs & Central Excise Commiserate addressed a communication dated 12th of June, 2008 to the Commissioner, Central Excise Commiserate (P-

52).

2. The aforesaid show cause notice dated 25th July, 2008 and the communication dated 12th of June, 2008 are the subject matter of challenge by way of the instant writ petition.

3. Our attention stands drawn by Mr. Naveed Mullick to the order recorded on 04th December, 2013 when the writ petition came to be admitted for hearing. The court had left it open to the respondents to raise all objections regarding the maintainability of the writ petition.

This matter has remained pending without consideration till date.

4. On a query, we are informed by Mr. Jagpaal Singh, learned Senior Standing Counsel for the respondents that the respondents have assailed the maintainability of the writ petition on the ground that the writ petition lays a challenge to a show cause notice.

5. We find that only one set of the court file is paginated. The second set needs to be paginated as well.

6. In order to save time and expedite hearing, let counsels file a list of dates and written submission on the preliminary objections raised by the respondents as well as the substantive challenge laid by the writ petitioners running not more than three pages within a period of two weeks from today.

7. List on 10th of May, 2019.

                                                      (Sindhu Sharma)              (Gita Mittal)
                                                           Judge                  Chief Justice
           Jammu
           28.03.2019
           Raj Kumar




RAJ KUMAR
2019.03.28 17:13
I attest to the accuracy and
integrity of this document

           OWP No.1323/2009                                                     Page 2 of 2