Patna High Court - Orders
Maa Saraswati Traders vs The Commissioner Of Customs Ce on 7 February, 2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1827 of 2012
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Maa Saraswati Traders
.... .... Petitioner
Versus
Union of India & Ors.
.... .... Opposite parties
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For the Petitioner : Mr. Prabhat Ranjan, Advocate.
For the Respondents : Mrs. Archana Meenakshee, Sr. Standing Counsel
Mr. Kumar Pankaj, Advocate.
Junior Standing Counsel.
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PRESENT: HONOURABLE MR. JUSTICE S.N. HUSSAIN
ORDER
12 07-02-2013Heard learned counsel for the petitioner and learned counsel for the opposite parties.
2. Learned counsel for the opposite parties produces a copy of order dated 01.02.2013 passed in LPA No.684 of 2012 by which a Division Bench of this Court has passed an interim order that pending the appeal, there shall be ad-interim stay of execution and implementation of the impugned judgment and order dated 28th February 2012 passed by the learned Single Judge in CWJC No.12738 of 2011.
3. Although learned counsel for the petitioner vehemently argues that this matter is not with respect to non- compliance of the order rather it is with respect to wrong compliance of the order and hence respondents must make it clear as to whether they want to comply the said order properly Patna High Court MJC No.1827 of 2012 (12) dt.07-02-2013 -2- as the earlier order dated 01.10.2012 claimed by them to be compliance of the order of this Court was not legal, proper and justified and was not brought before the Division Bench.
4. In view of the interim order passed by the Division Bench of this Court, there is no occasion for this Court to take such step as prayed by learned counsel for the petitioner in that regard. He is at liberty to raise such points before the Division Bench.
5. In the said circumstances, let this MJC petition be listed under the same heading retaining its position after disposal of the above-mentioned LPA or vacation of the said order passed in the LPA, which ever is earlier.
(S.N. Hussain, J) Sunil/-