Commissioner Of Customs, New Delhi vs Alok Mehra on 12 October, 2022

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Delhi High Court - Orders

Commissioner Of Customs, New Delhi vs Alok Mehra on 12 October, 2022

Bench: Rajiv Shakdher

                            $~32
                            *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                            +     CUSAA 10/2021, CM Nos.8887-88/2021, 22869/2021 &
                                  10313/2022

                                  COMMISSIONER OF CUSTOMS, NEW DELHI ..... Appellant
                                              Through: Ms Shruti Shivkumar and Mr Manas
                                                       Tripathi, Advs.
                                              versus
                                  ALOK MEHRA                              ..... Respondent
                                              Through: Mr Jitin Singhal, Adv.

                                  CORAM:
                                  HON'BLE MR. JUSTICE RAJIV SHAKDHER
                                  HON'BLE MS. JUSTICE TARA VITASTA GANJU
                                                ORDER

% 12.10.2022 [Physical Hearing/Hybrid Hearing (as per request)] CM No.8888/2021

1. This is an application seeking condonation of delay in filing the appeal.

1.1 We are informed that there is a delay of 96 days.

2. Counsel for the respondent says that he does not oppose the prayer made in the application.

3. Accordingly, the delay is condoned.

4. The application is disposed of in the aforesaid terms.

CM No.22869/2021

5. This is an application moved on behalf of the respondent. The respondent has brought to the notice of this court that the impugned order passed by the Tribunal dated 01.10.2019 was implemented, inasmuch as the CUSAA 10/2021 page 1 of 3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:27.10.2022 14:57:26 respondent‟s license was renewed on 25.02.2021. 5.1. A copy of the renewal order is appended as Annexure „C‟ to the application. A perusal of the copy of the license shows that it has been renewed till 09.06.2030.

6. It appears that when the coordinate bench passed the order on 31.05.2021, this aspect of the matter was not brought to the notice of the court.

7. To be noted, the license of the respondent was revoked way back on 25.01.2017.

8. Given the aforesaid position, the interim order dated 31.05.2021 is vacated.

9. However, it is made clear that this will not impact the merits of the appeal which is to be adjudicated upon and no equities will be claimed because the order dated 31.05.2021 has been vacated.

10. The application is disposed of in the aforesaid terms.

CM No.8887/2021

11. In view of the order passed in CM No.22869/2021, this application is also disposed of.

CUSAA 10/2021 & CM No. 10313/2022

12. We are told that a connected appeal [i.e., CUSAA No.224/2019] in which a similar issue arises is coming up for hearing on 25.01.2023.

13. Accordingly, list the appeal and the application on same date i.e. 25.01.2023.

14. In the meanwhile, counsel for the parties will file their written submissions, not exceeding three pages each, at least five days before the CUSAA 10/2021 page 2 of 3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:27.10.2022 14:57:26 next date of hearing.

RAJIV SHAKDHER, J TARA VITASTA GANJU, J OCTOBER 12, 2022 aj Click here to check corrigendum, if any CUSAA 10/2021 page 3 of 3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:27.10.2022 14:57:26

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Delhi High Court - Orders