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Calcutta High Court (Appellete Side)

M/S. Skipper Limited vs Union Of India & Ors on 12 June, 2018

Author: Debangsu Basak

Bench: Debangsu Basak

                                        1


10   12.06.                    W.P. No.6959(W) of 2018
ns    2018
                                 M/s. Skipper Limited.
                                        Versus
                                 Union of India & Ors.


              Mr.   K. K. Pramanik, Sr. Adv.,
              Mr.   Agnivesh Sengupta,
              Mr.   Pratyush Jhunjhunwala,
              Mr.   Uttam Sharma           ....         for the petitioner.


              Mr. Kaushik Chanda, Ld. A.S.G.,
              Mr. Kaushik Dey          ...    for the respondent no.3.

Mrs. Sanjukta Gupta ... for the respondent no.2.

The vires of Notification No.44/2011-Cus.(N.T.) dated July 6, 2011 as amended by the subsequent Notification No.53/2012-Cus.(N.T.) dated June 21, 2012 are under challenge in the present writ petition. A show cause notice on the basis of such notification is also under challenge in the present writ petition.

The respondents are represented. Learned Additional Solicitor General appears in view of the notice given with regard to the challenge to the vires.

In the facts of the present case, in my view, interest of justice would be subserved by permitting the petitioner to participate in the adjudicating proceedings wholly without prejudice to the rights and contentions of 2 the parties.

The issues raised in the writ petition are such that, an opportunity should be afforded to the respondents to file affidavits.

Let affidavit-in-opposition be filed within four weeks from date. Reply thereto, if any, be filed within two weeks thereafter.

List the writ petition under the heading "Hearing" in the Combined Monthly list of August, 2018.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.

( Debangsu Basak, J. )