bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO.719 OF PETITION NO.719 OF PETITION NO.719 OF 2008 2008 2008 M/s.S.P.Exports ..Petitioner Vs. Union of India & Ors. ..Respondents Mr.V.S.Nankani with Mr.Madhur R.Baya for the Petitioner. Mr.S.V.Bharucha with Ms.Anamika Malhotra for the Respondents. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & SANTOSH SANTOSH SANTOSH BORA, JJ. BORA, JJ. BORA, JJ. DATE DATE DATE : 25TH APRIL, 2008 : 25TH APRIL, 2008 : 25TH APRIL, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. By this Petition, the Petitioner is seeking to challenge the order dated 21st December,2006, passed by the Commissioner of Customs (Import) in Order-in-Original No.990/DC/GSA/Gr.III/2006-07. The learned Counsel for the Petitioner Mr.Nankani fairly states that the order was an exparte order however, the said order was duly received in time, and in spite of that the Petitioner has not preferred any Appeal. The reason for non filing of the Appeal are given that of the Petitioner was enquiring with its Agents as to whether the Appeal has been filed or not. We are not at all satisfied with the reasons given for non filing of an Appeal, especially when there is an alternative remedy available to the Petitioner. The Petitioner has not exercised the said remedy by filing an Appeal. 2. Under these facts and circumstances of the case we are not inclined to exercise a writ jurisdiction in favour of the Petitioner. Hence, the Petition stands dismissed. (SANTOSH (SANTOSH (SANTOSH BORA,J.) (DR.S.RADHAKRISHNAN,J.) BORA,J.) (DR.S.RADHAKRISHNAN,J.) BORA,J.) (DR.S.RADHAKRISHNAN,J.)