Calcutta High Court
A.R.Overseas Tradecom Pvt Ltd vs The Addl.Commissioner Of ... on 9 January, 2014
Author: Harish Tandon
Bench: Harish Tandon
ORDER SHEET
W.P.No.1248 of 2013
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
A.R.OVERSEAS TRADECOM PVT LTD
Versus
THE ADDL.COMMISSIONER OF CUSTOMS(PORT) & ORS
BEFORE:
The Hon'ble JUSTICE HARISH TANDON
Date : 9th January, 2014.
For Petitioner : Mr.Sudhir Mehta,Advocate
For Respondent : Mr.R.N.Das,Sr.Advocate
Mrs.Santa Mitra,Advocate The Court : The solitary grievance raised in this writ petition relates to inaction on part of the respondents authorities in taking up an application filed by the petitioner for amendment of the Bill of Entry and provisional release.
The learned advocate appearing for the respondents, however, submits that various allegations have been made in the writ petition and an opportunity should be given to controvert those averments.
After hearing the respective counsels, it appears that justice would be sub- served if the concerned authority before whom the application is made, is directed to consider and dispose of the same at an earliest. Without entering into the gamut of disputes as raised in the writ petition, this Court directs the respondent no.2 before whom an application is made by the petitioner, to consider and dispose of the same by giving reasons within three weeks from the date of communication of this order in accordance with law.
It goes without saying that since the writ petition is disposed of at the motion stage without calling upon the respondents to file affidavits, the 2 allegations contained in this writ petition shall not be deemed to have been admitted by the respondents.
It is needless to mention that this Court has no occasion to go into the merits of the said application and the authority shall decide the same independently and without being influenced by any observation made hereinabove.
The writ petition is disposed of.
There will, however, be no order as to costs.
Urgent certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(HARISH TANDON, J.) ssaha AR(CR)