Patna High Court - Orders
Salsar Transport Company & Anr vs The Union Of India & Ors on 9 October, 2017
Author: Anjana Mishra
Bench: Anjana Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19100 of 2013
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Salsar Transport Company & Anr
.... .... Petitioner/s
Versus
The Union of India & Ors
.... .... Respondent/s
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Appearance :
For the Petitioners : Mr. Prabhat Ranjan, Advocate
For the Respondents : Mr. Satya Prakash Tripathy,
Sr.S.C. (Customs)
with
Mr. Satyavrat, Advocate
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CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA
ORAL ORDER
3 09-10-2017Re: I.A. No.2991 of 2014 The present interlocutory application has been filed by the petitioners seeking to bring on record as part of the main writ application the adjudicatory order dated 28.02.2014, which has been passed during the pendency of this writ application.
Learned counsel for the petitioners submits that the petitioners have been served with Adjudication Order No.02- Cus/ADC/FDG/2014 dated 28.02.2014, as contained in Annexure
8. He further submits that for proper adjudication of the same and in order to seek final relief, it would be necessary to quash the impugned order by issuance of a writ in the nature of certiorari. He thus prays that the amendment be allowed and the prayer as contained in paragraph 1 of the interlocutory application be made part of the writ application as prayer no.1(iii). Patna High Court CWJC No.19100 of 2013 (3) dt.09-10-2017 2/3
Let the same be treated as part of the writ application and Annexure 8 be also made part of the writ application.
Learned counsel for the petitioners further submits that in view of the fact that serious consequences have emanated out of the impugned order, as contained in Annexure 8, whereby the petitioners have been saddled with the penalty under Section 112(b) of the Customs Act, 1962, it would be appropriate and in the interest of justice to keep the same in abeyance till pendency of the writ application so that the Bank guarantee etc., which stands with the respondents, be not realized towards payment of the penalty as imposed.
Learned counsel for the Customs Department, however, makes a serious objection to the same and submits that the penalty should not be stayed and it can well be realized, in accordance with law.
However, keeping in view the fact that till date no counter affidavit has been filed to the present interlocutory application, the matter is adjourned to 20th of November, 2017, during which period the learned counsel for the Customs Department shall seek necessary instructions and file a counter affidavit.
List this case on the 20th of November, 2017 at the Patna High Court CWJC No.19100 of 2013 (3) dt.09-10-2017 3/3 top of the list for further orders, by which date the parties shall exchange affidavits.
It is made clear that no further adjournment shall be granted to either of the parties.
It is directed that during the pendency/adjournment, the petitioners shall not be proceeded against.
(Anjana Mishra, J) PNM U