Supreme Court - Daily Orders
The Commissioner Of Customs, Mangalore vs M/S Kushalchand And Co. on 15 November, 2019
Bench: Rohinton Fali Nariman, S. Ravindra Bhat
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NO. 2232 OF 2018
IN
CIVIL APPEAL NO. 5808 OF 2011
THE COMMISSIONER OF CUSTOMS, MANGALORE Appellant(s)
VERSUS
M/S KUSHAL CHAND AND CO. Respondent(s)
O R D E R
The miscellaneous/interlocutory application filed by the respondent is allowed in view of this Court’s order dated 04.01.2017 as well as the fact that the Commissioner itself had withdrawn its show cause notice being beyond limitation. The appeal that is filed against the aforesaid order, being Appeal No. C/85925/2017, has no legs to stand on and is, therefore, dismissed.
However, we make it clear that the question of law is otherwise left open.
………………………………………………………………., J.
[ ROHINTON FALI NARIMAN ] ………………………………………………………………., J.
[ S. RAVINDRA BHAT ] Signature Not Verified Digitally signed by R NATARAJAN Date: 2019.11.20 17:22:31 IST Reason: New Delhi; November 15, 2019.
ITEM NO.46 COURT NO.4 SECTION IV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
M.A. No. 2232 of 2018 in C.A. No. 5808/2011 (Arising out of impugned final judgment and order dated 30-10-2015 in C.A.No. 5808/2011 passed by the Supreme Court Of India) THE COMMISSIONER OF CUSTOMS, MANGALORE Petitioner(s) VERSUS M/S KUSHALCHAND AND CO. Respondent(s) (With IA No. 108986/2018 – FOR DIRECTIONS) Date : 15-11-2019 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Parties Ms. Pinky Anand, ASG.
Ms. Sunita Rani Singh, Adv. Ms. Nisha Bagchi, Adv.
Mr. Devashish Bharukha, Adv.
Mr. Saurabh Kirpal, Adv. Mr. Parthiv K. Goswami, Adv. Mr. Ishan Bisht, Adv.
Mr. Nikhil Jain, AOR UPON hearing the counsel the Court made the following O R D E R The miscellaneous/interlocutory application filed by the respondent is allowed in terms of the signed order.
(NIDHI AHUJA) (NISHA TRIPATHI) COURT MASTER (SH) BRANCH OFFICER [Signed order is placed on the file.]