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Judgment
S.V. Bhatti, J
The petitioner is the appellant. The appellant filed W.P.(C) No.25024/2020 challenging Ext.P4 order issued by the 2nd respondent as illegal and as
an order failing to exercise the discretion available in this behalf to the 2nd respondent and also as an order omitting to consider the relevant
documents available.
The petitioner imported wooden (teak) furniture from Indonesia. Ext.P2 is the Bill of Entry. The clearance of consignment covered by Ext.P2 was
not granted for want of Phytosanitary Certificate from the country of origin. The appellant claiming relaxation, filed Ext.P3 application before the 2nd
respondent. The principal objection of the writ petitioner against Ext.P4 order, is that it failed to take note of Ext.P9, manifest, and the nature of
consignment covered by Ext.P2. The ground by referring to which Ext.P4 has been issued may not survive for consideration, if the other two aspects
adverted to above are considered by the 2nd respondent. Stated briefly, the gist of the complaint is that the relaxation claimed by the appellant was
rejected on a monotonous consideration of the application and without appreciating the nature of consignment.
We have heard the learned Advocates appearing for the parties and perused the record. We are of the view that the decision in Ext.P4 refers to
one circumstance, namely alleged past conduct of the appellant. The appellant states that it has a case on the grant of relaxation by looking at the
nature of consignment, and whether, as a matter of fact, the certificate insisted upon by the appellant is warranted or not. Undisputably, this
perspective of the case is not considered by the respondents.
Advocate Balagopal made serious attempts for a favourable finding from this Court by inviting our attention to all the exhibits. We are persuaded
not to express a view at this stage of the matter, particularly for the view we are proposing to take on Ext.P4.
We are of the view that Ext.P4 is unsustainable, liable to be set aside, and hence is set aside. The matter is remitted to 2nd respondent for
consideration and disposal within three weeks from the date of receipt of a copy of this judgment. The appellant is given liberty to file additional
representation by enclosing a copy of this judgment within three weeks from today.
The Writ Appeal is allowed as indicated above.