By TIOL News Service

MUMBAI, JULY 13, 2017: AN application was filed by the present applicant as an "intervener" in the matter of appeal filed by M/s K Trambaklal arguing that the proceedings of the appeal filed would prejudice them (the applicant).

The AR submitted that the application filed is not supported by any authority of law inasmuch as there is no provision in the Customs Act permitting any person other than the appellant/respondent to implead in any appeal.

The Bench observed -

"4. …It is fact that the applicant has not filed any appeal against the impugned order, the only person can be impleaded in the matter of appeal, who is aggrieved with the order impugned. In the present case the applicant has not filed any appeal for the reason that impugned order is in their favour, therefore, they being not an aggrieved party do not have any locus standi to be impleaded in the Customs Appeal filed by some other person. There is no provision in the Customs Act to allow any person other than an aggrieved person as intervener in any of appeal…"

Terming the application as not maintainable,the same was dismissed.

(See 2017-TIOL-2413-CESTAT-MUM)