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Supreme Court - Daily Orders

Gastrade International vs Commissioner Of Customs, Kandla on 13 April, 2022

Bench: M.R. Shah, B.V. Nagarathna

                                                      1

     ITEM NO.23                               COURT NO.12                 SECTION III

                                   S U P R E M E C O U R T O F       I N D I A
                                           RECORD OF PROCEEDINGS

     Petition for Special Leave to Appeal (C)                  No.    6470/2022

     (Arising out of impugned final judgment and order dated 20-01-2022
     in TA No. 299/2021 passed by the High Court of Gujarat at
     Ahmedabad)

     GASTRADE INTERNATIONAL                                               Petitioner(s)

                                                     VERSUS

     COMMISSIONER OF CUSTOMS, KANDLA                                      Respondent(s)

     (FOR ADMISSION and I.R. and IA No.53158/2022-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT )

     WITH
     SLP(C) No. 6472/2022 (III)
     (FOR ADMISSION and I.R. and IA No.53169/2022-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT)

     Date : 13-04-2022 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE M.R. SHAH
                             HON'BLE MRS. JUSTICE B.V. NAGARATHNA

     For Petitioner(s)                 Mr.   Arvind P. Datar, Sr. Adv.
                                       Mr.   S. Jaikumar, Adv.
                                       Mr.   M. Karthikeyan, Adv.
                                       Mr.   Kartik Jindal, Adv.
                                       Mr.   Anant Gautam Adv.
                                       Mr.   Nipun Sharma, Adv.
                                       Mr.   Rajesh Kumar Gautam, AOR
     For Respondent(s)

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

The contention on behalf of the petitioner that the High Court was not having jurisdiction to decide the Appeal in view of the bar under Section 130 of the Customs Act, 1962 has no substance. Even Signature Not Verified Digitally signed by R Natarajan Date: 2022.04.16 otherwise, when the matter is before this Court even if it is held 12:38:44 IST Reason:

contd..
2
that the appeal before the High Court would not have been maintainable, in that case the Appeal would have been maintainable before this Court.
Issue notice returnable on 12.05.2022. Dasti, in addition, is permitted. It will be open for the learned counsel for the petitioner to serve advance copy of the Petition to the Central Agency.




(NEETU SACHDEVA)                                       (NISHA TRIPATHI)
COURT MASTER (SH)                                       BRANCH OFFICER