Karnataka High Court
M/S New India Shipping Services vs Union Of India on 29 September, 2011
Bench: N.Kumar, Ravi Malimath
IN THE HIGH COURT OF KARNATAKA AT BAN GALORE DATED THIS THE 29" DAY OF SEPTEMBER | 2OLr | PRESENT | - THE HON'BLE MRJUSTICE..N Sans ; AND MO THE HON'BLE MR.JUS' STIR RAV! MALI MATH W.A.No: 4012 008, 3 T- TAR) Between: jpomenet . M/s.New Inetia Shipping Servives . A Partnership firm registered under the indian Parthersiip Act ang having [ts registe ered: office at No.369 - Ist Floor, Near Air Cargo Complex Konen a Agrahiora . Bangalore-566 OL? Represented by one. of its Partner Sri S. S.Pi asad. AN : M/s, New Interport Shipping _ Services. Pvt. Led, A Conipany ine orporated under -. The provisions of Companies Act, 1956 raving its Registered Office.at No.18, Ground Floor MES Colony, Konena Agrahara, HAL Post . bangalore- 17 _ Represented by one of its Director | Sri Adisesh K. 3. M/s.Rosemount Shipping (india) Pvt. Ltd. A Company incorporated under The provisions of Companies Act, 1956 Having ils registered Office at No.4114, 19%: Main Ny sete 7 in ort is Cross, HAL 2°¢ Stage Bangalore-560 008 Represented by its Director Sri Raju. Mi /s Ss. 'Canara Cargo Series Indian Partnership A Act and havi ing its: Registered office at No.95, FB: Mes Colon Konena Agrahara, HAL Air Port > Bangalore-560 017 _ Represented by its Partner Sri Shashidhar. os M/s.Capital Shipping: Pvt? Ltd. A Company i ncorporated under The provisicns of - mS Companies Act: L956, having i its. , registered Office at Novl63>"VANG UARD RISE" ist Floor, Néar. Syndicate Bank Airport Road . Bangailore- 560 OL? Represented bv.its Director Sri Puttaraju. ee / Ss. Koushik C "argo Private Limited A Company incorporated under . Phe provisions of Companies Act, 1956 Having its registered office at ~No.396, 2r¢ Floor, Morsey Manor Airport Exit Road Bangalore-560 017 Represented by its Director _ Sri Kishore T.S. Ne | M/s.Manjunatha Shipping Pvt. Ltd. A Company incorporated under The provisions of Companies Act, 1056 Having its Registered Office at No.65, 5 ross Muniswamappa Layou HAL 3re Stage. ON Shiva Temple hd Bangalore-560 O17 Represented by its Director sri K.N.Shivanna. os . . Appellants, ~ (By Sri K.S.Ravi Shankar, Advocate) _ ne And: a L. Union of India Represented by The Secretary Department of Revenue Ministry of Finance, Government of India' -- south Block New Dethi._ ° 2. Central Boar d of Excise and Customs Department of Reven ve 7 ; Ministry of } Finance 7 Ne w Delhi. 3. The Express, Indusizy Council of India Represented by Mr.Farrokh M.Morena, Secretary General. SOL, Crystal Centre, Raheja Vihar Off Chan adivali Farm Road ~ Powal; Mumbai-400 072. ne .. Respondents (2y Sri C.Shashikanth, CGC for -R1 and R2, Rukmini Menon, Advocate for RS) | Thi is Appeal is filed U/s.4 of the Karnataka High 'Court Act praying to set aside the order passed in the Writ Petition No. 18746/2007 dated 30.11.2007. This appeal coming on for hearing this day, N Kumar J., delivered the following: \ a 4 JUDGMENT
Learned Counsel for the appellants has file ed é a THEMO| 7 which reads as under:
"The undersigned counsel for ihe 'appeliant > submits that during the pendens vy rat Ww: it Appeal ; before this Hon'ble Court. the Resporident No. l through various circulars and 'notifications' has caused and effected subst: anti ial, and material changes to the Courier, imports" and Exports Clearance... Regulations 1998, which is the subject matter of the Writ Petition and consequent ly y the Writ Appeal, Further duriiig the oendency of the Writ Appeal before this' How' le Court, the Respondent No.1! also has put in' place a parallel regulation in . respect of iniport and export of goods through Fe courier " vide Courier Imports and Exports (i Le et tronic Declaration and Processing} Regulations 2010. Consequently, as admitted by -the Respondent, both the regulations are 7 operational paralleily, whereas the Writ Petition "filed before the Hon'ble Court is challenging the Constitutional validity of the seule ation 1998 prior to amendment and consequently the Writ Appeal thereon. -
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in view of the facts that the parallel regulation implemented by virtue of Courier Imports and.
Exports (Electronic Declaration and Processing}* Regulations 2010 has the same operational validity concurrent to that of 1998 'regulation . except for the change in the nomenclature, it 1S. humbly submitted before this Horn bie. Court, a that the Appellant would Hike te _withd rain the: Writ Petition. with a liberty to file an inelepensent and comprehensive: Wri: P 2tition covering both the regulations with a view <to Seek efficacious justice."
The weno is: taken en "record, Accordingly, the counsel for the appellants is perrnitted to withdraw the wril petition, LANG.3/08 does not survive for consideration and the same-is 'accordingly dismissed.