Kerala High Court
M/S. Mr Mish Overseas Private Limited vs Union Of India on 21 February, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:15348
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 21ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946
WP(C) NO. 5985 OF 2025
PETITIONER:
M/S. MR MISH OVERSEAS PRIVATE LIMITED
AGED 34 YEARS
OFFICE AT 112, SHAHZADI MANDI,
SADAR BAZAR, AGRA - 282 001,
UTTAR PRADESH HAVING BRANCH OFFICE AT
FLAT NO. 1003 PROVIDENT KENWORTH,
INNER RING ROAD HYDERABAD,
TELANGANA, PIN - 500030
REPRESENTED BY ITS DIRECTOR
MOHAMMED FARHAN,
BY ADVS.
ALIAS M.CHERIAN
K.M.RAPHY
BRISTO S PARIYARAM
MINNU DARWIN
RESHMA RAJESH
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY DEPARTMENT OF REVENUE
UNDER MINISTRY OF FINANCE ROOM NO. 129-A,
NORTH BLOCK NEW DELHI, PIN - 110001
2 THE CHAIRMAN
CENTRAL BOARD OF EXCISE AND CUSTOMS DEPARTMENT OF
REVENUE UNDER MINISTRY OF FINANCE J684+843,
NORTH BLOCK CENTRAL SECRETARIAT
NEW DELHI, PIN - 110001
3 THE COMMISSIONER OF CUSTOMS (PREVENTIVE)
5TH FLOOR, CATHOLIC CENTRE BROADWAY,
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W.P.(C). No.5985 of 2025
-:2:-
ERNAKULAM, KOCHI, PIN - 682031
4 THE ADDITIONAL COMMISSIONER OF CUSTOMS(PREVENTIVE)
5TH FLOOR, CATHOLIC CENTRE BROADWAY,
ERNAKULAM, KOCHI, PIN - 682031
5 THE ASSISTANT COMMISSIONER OF CUSTOMS (PREVENTIVE)
5TH FLOOR, CATHOLIC CENTRE BROADWAY,
ERNAKULAM, KOCHI, PIN - 682031
6 THE SUPERINTENDENT/SENIOR INTELLIGENCE OFFICER
OFFICE OF THE COMMISSIONER OF CUSTOMS
(PREVENTIVE), 5TH FLOOR, CATHOLIC CENTRE BROADWAY,
ERNAKULAM, KOCHI, PIN - 682031
7 THE COMMISSIONER OF CUSTOMS
THE COMMISSIONER OF CUSTOMS,
CUSTOMS HOUSE, KOCHI, PIN - 682009
8 THE ADDITIONAL COMMISSIONER OF CUSTOMS
THE ADDITIONAL COMMISSIONER OF CUSTOMS, CUSTOMS
HOUSE, KOCHI, PIN - 682009
9 THE DEPUTY COMMISSIONER OF CUSTOMS
CUSTOMS HOUSE, KOCHI, PIN - 682009
BY ADV. P.G. JAYASHANKAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.02.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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BECHU KURIAN THOMAS, J.
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W.P.(C). No.5985 of 2025
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Dated this the 21st day of February, 2025
JUDGMENT
The learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to pursue the statutory remedies.
2. Reserving the aforesaid liberty, this writ petition is dismissed as withdrawn.
The period spent by the petitioner in pursuing this writ petition from 12.02.2025 till today shall be excluded while calculating the period of limitation.
Sd/-
BECHU KURIAN THOMAS JUDGE Jka/21.02.25.
2025:KER:15348 W.P.(C). No.5985 of 2025 -:4:- APPENDIX OF WP(C) 5985/2025 PETITIONER'S EXHIBITS Exhibit P-1 TRUE COPY OF CERTIFICATE OF INCORPORATION NO. U47213UP2024PTC199678 DATED 20/03/2024 ISSUED BY THE REGISTRAR OF COMPANIES.
Exhibit P-2 TRUE COPY OF CERTIFICATE OF IMPORTER-
EXPORTER CODE BEARING NO. AARCM9208N ISSUED ON 14/10/2024 BY GOVERNMENT OF INDIA Exhibit P-3 TRUE COPY OF REGISTRATION - CUM-
MEMBERSHIP CERTIFICATE BEARING REGISTRATION NO. RCMC/APEDA/11660/2024- 2025 DATED 30/10/2024 ISSUED FROM THE AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT DEVELOPMENT AUTHORITY/APEDA Exhibit P-4 TRUE COPY OF FORM C LICENSE NO.
12724999000651 ISSUED ON 27/09/2024 BY THE FOOD SAFETY AND STANDARD AUTHORITY OF INDIA Exhibit P-5 TRUE COPY OF AGREEMENT DATED 20/11/2024 EXECUTED WITH M/S LAHAM FOOD PRODUCTS PRIVATE LIMITED.
Exhibit P-6 TRUE COPY OF SHIPPING BILL SUMMARY BEARING NO. 6413607 DATED 13/12/2024 ISSUED FROM THE OFFICE OF THE CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS, COCHIN Exhibit P-7 TRUE COPY OF COMMERCIAL INVOICE NO.
MR/054/2024-25 DATED 11/12/2024 ISSUED BY THE PETITIONER Exhibit P-8 TRUE COPY OF PACKING LIST NO.
MR/054/2024-25 DATED 11/12/2024 ISSUED BY THE PETITIONER 2025:KER:15348 W.P.(C). No.5985 of 2025 -:5:- Exhibit P-9 TRUE COPY OF HEALTH CERTIFICATE NO.
HCM/AP05/2024-25/00133 DATED 11/12/2024 ISSUED BY THE ASSISTANT DIRECTOR (AH), DEPARTMENT OF ANIMAL HUSBANDRY, GOVERNMENT OF ANDHRA PRADESH Exhibit P-10 TRUE COPY OF PRE-SHIPMENT CERTIFICATE FOR FROZEN BONELESS BUFFALO MEAT NO. HCM/AP05/2024-25/00133 DATED 11/12/2024 ISSUED BY THE ASSISTANT DIRECTOR (AH), DEPARTMENT OF ANIMAL HUSBANDRY, GOVERNMENT OF ANDHRA PRADESH Exhibit P-11 TRUE COPY OF SHIPPING BILL SUMMARY BEARING NO. 6413949 DATED 13/12/2024 ISSUED FROM THE OFFICE OF THE CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS, COCHIN Exhibit P-12 TRUE COPY OF COMMERCIAL INVOICE NO.
MR/053/2024-25 DATED 11/12/2024 ISSUED BY THE PETITIONER Exhibit P-13 TRUE COPY OF PACKING LIST NO.
MR/053/2024-25 DATED 11/12/2024 ISSUED BY THE PETITIONER Exhibit P-14 TRUE COPY OF HEALTH CERTIFICATE NO.
HCM/AP05/2024-25/00134 DATED 11/12/2024 ISSUED BY THE ASSISTANT DIRECTOR (AH), DEPARTMENT OF ANIMAL HUSBANDRY, GOVERNMENT OF ANDHRA PRADESH Exhibit P-15 TRUE COPY OF PRE-SHIPMENT CERTIFICATE FOR FROZEN BONELESS BUFFALO MEAT NO. HCM/AP05/2024-25/00134 DATED 11/12/2024 ISSUED BY THE ASSISTANT DIRECTOR (AH), DEPARTMENT OF ANIMAL HUSBANDRY, GOVERNMENT OF ANDHRA Exhibit P-16 TRUE COPY OF COMMERCIAL INVOICE NO.
MR/052/2024-25 DATED 11/12/2024 ISSUED BY THE PETITIONER 2025:KER:15348 W.P.(C). No.5985 of 2025 -:6:- Exhibit P-17 TRUE COPY OF PACKING LIST NO.
MR/052/2024-25 DATED 11/12/2024 ISSUED BY THE PETITIONER Exhibit P-18 TRUE COPY OF SEIZURE MEMO BEARING NO.
VIII/26/32/2024 CCP PREV DATED 26/12/2024 ISSUED BY THE 5TH RESPONDENT Exhibit P-19 TRUE COPY OF SUMMONS NO. VIII/26/32/2024 CCP PREV DATED 26/12/2024 TO THE PETITIONER AND ITS DIRECTOR ASKING TO APPEAR BEFORE THE 3RD RESPONDENT Exhibit P-20 TRUE COPY OF PETITION DATED 30/12/2024 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P-21 TRUE COPY OF CIRCULAR NO. 01/2011 -
CUSTOMS DATED 04/01/2011 ISSUED BY THE 2ND RESPONDENT Exhibit P-22 TRUE COPY OF CIRCULAR NO. 30/2013 -
CUSTOMS DATED 05/08/2013 ISSUED BY THE 2ND RESPONDENT Exhibit P-23 TRUE COPY OF SUMMONS NO. VIII/26/32/2024 CCP PREV DATED 30/12/2024 TO THE PETITIONER Exhibit P-24 TRUE COPY OF THE JUDGMENT DATED 24/01/2025 IN WP (C) NO. 46821 OF 2024 PASSED BY THIS HON'BLE COURT Exhibit P-25 TRUE COPY OF THE REPRESENTATION DATED 29/01/2025 ADDRESSED TO THE 7TH RESPONDENT BY THE PETITIONER.
Exhibit P-26 TRUE COPY OF THE MAIL COMMUNICATION DATED 29/01/2025 ADDRESSED TO THE MAIL - ID OF THE 7TH RESPONDENT Exhibit P-27 TRUE COPY OF THE NOTICE 2025:KER:15348 W.P.(C). No.5985 of 2025 -:7:- C.NO.VIII/26/32/2024-CCP PREV DATED 31/01/2025 ISSUED BY THE 5TH RESPONDENT Exhibit P-28 TRUE COPY OF THE ORDER F.NO.CUS/ASS/MISC/100/2025-EA DATED 29/01/2025 PASSED BY THE 8TH RESPONDENT