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Bombay High Court

The Commissioner Of Customs Zone Iii, ... vs Poonam Courier Pvt. Limited on 25 February, 2020

Author: M.S.Karnik

Bench: Nitin Jamdar, M.S.Karnik

                                                                      24 cuapp 9-20.doc

Pradnya Bhogale

                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     ORDINARY ORIGINAL CIVIL JURISDICTION
                          CUSTOM APPEAL NO. 9 OF 2020
                                    WITH
                       INTERIM APPLICATION NO. 1 OF 2020
            The Commissioner of Customs Zone III,
            Airport Special Cargo Courier Cell          ..Appellant
                 vs.
            Poonam Courier Pvt. Limited                 ..Respondent
                                         ...........
            Mr. Ram Ochani for Appellant.
            PDS Legal for Respondent.
                                         ...........
                                   CORAM : NITIN JAMDAR &
                                                M.S.KARNIK, JJ.

DATE : 25 FEBRUARY 2020 P.C.:-

The Custom Appeal No.12 of 2019 challenging the order passed by the Tribunal dated 10 April 2018 is pending in this Court. Interim Application for stay has also been taken out in the said Appeal. It appears that during the pendency of the said Interim Application, the Tribunal has passed the further order on

2 January 2020 directing the Appellant to give the effect to the order dated 10 April 2018. Since the stay application in the Appeal No.12 of 2019 is still pending, we do not find it necessary that separate Appeal challenging the order dated 2 January 2020 needs to be considered, apart from the question of it being maintainable.

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24 cuapp 9-20.doc

2. In the circumstances, place the Interim Application No.1 of 2020 in Custom Appeal No.12 of 2019 on board on 13 March 2020.

3. The present Appeal and the Interim Application taken out therein are disposed of.

4. Till further orders are passed in the Interim Application No.1 of 2020 in Custom Appeal No.12 of 2019, parties will maintain the position as on today.

 (M.S.KARNIK, J.)                           (NITIN JAMDAR, J.)




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