Rajasthan High Court - Jodhpur
Gentleman Suitings (P) Ltd vs Director Gen., Of Revenue Inte. & Ors on 18 December, 2012
Author: R.S. Chauhan
Bench: R.S. Chauhan
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. O R D E R D.B. CIVIL WRIT PETITION NO. 5318/2012 Gentleman Suitings Pvt. Ltd. Vs. Director General of Revenue Intelligence & Ors. Date of Order : 18.12.2012 P R E S E N T HON'BLE THE ACTING CHIEF JUSTICE MR. NARENDRA KUMAR JAIN HON'BLE MR. JUSTICE R.S. CHAUHAN Mr. Dinesh Mehta, for the petitioner Mr. Ravi Bhansali, for respondents BY THE COURT:
Matter has come up on an application under Article 226(3) of the Constitution of India for vacation of ad interim ex parte stay order dated 28th May, 2012 passed by this Court. However, on the request of learned counsel for the parties, the writ petition was heard and is being disposed off finally.
2. The petitioner has preferred this writ petition challenging the interim order dated 29th August, 2011 (Annex.8), whereby the Commissioner of Customs (Export), JNCH, Sheva has permitted the provisional release of the goods of the petitioner with three conditions mentioned in the order and also the order dated 20th April, 2012 (Annex.10), whereby petitioner has been directed to get the machines released provisionally before putting them into use.
3. Learned counsel for the respondents has raised a preliminary objection that petitioner filed an application dated 29th June, 2011 (Annex.7) for release of seized goods on provisional basis, as per provisions contained under Section 110A of the Customs Act, 1962 (hereinafter referred as 'the Act') and on the said application, the Commissioner of Customs passed an order dated 29th August, 2011, whereby goods were permitted to be released on certain conditions. He submitted that the order passed under Section 110A of the Act is appealable under Section 129A of the Act, therefore, this writ petition is liable to be dismissed on the ground of availability of alternative remedy by way of statutory appeal.
4. Learned counsel for the petitioner, in view of the preliminary objection raised on behalf of respondents, fairly and frankly submitted that petitioner may be allowed to withdraw this writ petition with liberty to file an appeal before the appellate authority in accordance with the provisions of Customs Act, 1962. However, he has submitted that a reasonable time may be granted to petitioner to file an appeal and interim order passed by this Court may continue for a reasonable period so that the respondents may not take any coercive action against the petitioner and he may get an appropriate order from the appellate authority. He has also submitted that appellate authority be directed to decide the appeal of petitioner at the earliest.
5. Learned counsel for the respondents has no objection in it.
6. As agreed by the parties, the following order is passed:-
(i) The writ petition is dismissed as withdrawn.
(ii) The petitioner is permitted to file an appeal before the appellate authority. In case, the appeal is filed within a period of ten days along with an application for interim stay, the application for interim stay will be considered and decided within a period of five days from the date of filing of the application and appeal will be disposed off finally in accordance with law, as early as possible, but not later than a period of two months from the date of filing of the appeal.
(iii) The interim stay order of this Court dated 28th May, 2012 will operate for a period of fifteen days.
(iv) The parties are directed to bear their own cost, so far as this writ petition is concerned.
7. In view of above, the stay application and application under Article 226(3) of the Constitution of India also stand disposed off.
(R.S. CHAUHAN),J. (NARENDRA KUMAR JAIN),Actg.C.J. BKS/-