Gujarat High Court
M/S Tyre Plaza vs Union Of India on 12 March, 2021
Author: Vikram Nath
Bench: Vikram Nath, Bhargav D. Karia
C/SCA/2758/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2758 of 2021
======================================
M/S TYRE PLAZA
Versus
UNION OF INDIA
======================================
Appearance:
AMAL PARESH DAVE(8961) for the Petitioner(s) No. 1
MR PARESH M DAVE(260) for the Petitioner(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 2,3
UNSERVED WANT OF TIM(31) for the Respondent(s) No. 1
======================================
CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
NATH
and
HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 12/03/2021
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH) We have heard Shri Paresh Dave, learned counsel for the petitioner, upon a mention being made that similar orders have been passed in a large number of cases and as such, the same order may be passed in the present case also and the matter may be clubbed with the other matters. The other matters are fixed for 26.04.2021. Accordingly, the following order is passed :
1. We have heard Mr.Paresh M. Dave, learned counsel appearing for the writ applicant.
2. We propose to pass an interim order in terms of the order passed Page 1 of 4 Downloaded on : Fri Sep 03 03:29:01 IST 2021 C/SCA/2758/2021 ORDER by a Coordinate Bench of this Court in the case of M/s. S.S. Tyre Wala Vs. Union of India in the Special Civil Application No.14932/2020. The order reads thus:
"1. We have heard Mr. Paresh Dave, the learned for the petitioner.
2. The short point involved in the captioned writ application is whether the old and used tires which are reuseable fall within the ambit of the "prohibited goods".
Our attention has been drawn to an order passed by a coordinate Bench of this Court dated 06.11.2015 in the Civil Application (for Direction) No.9587 of 2015 in the Special Civil Application No.8492 of 2015. Our attention is also drawn to one another order dated 23.12.2015 passed in the Special Civil Application No.20247 of 2015 which is annexed at page 57 of the paperbook. Mr.Dave also invited our attention to one another order dated 23.02.2018 passed in the Special Civil Application No.1108 of 2018 and allied matters.
3. Prima facie it appears that the issue is squarely covered. However, before passing any final order, we would like to know the stance of the Union of India. We take notice of the fact that the main matter I.e. Special Civil Application No.8492 of 2015 is still pending for final hearing. We propose to decide this issue once and for all.
4. Mr.Dave, the learned counsel submitted that the goods imported by his client are lying at the Mundra Port. Mr. Dave prays that an interim order may be passed to release the goods subject to terms and conditions. We take notice of the fact that an interim order in identical situation was passed by coordinate Bench in the Civil Application No.9587 of 2015. We quote the relevant part of the order as under:
Page 2 of 4 Downloaded on : Fri Sep 03 03:29:01 IST 2021 C/SCA/2758/2021 ORDER"18. For the foregoing reasons, the application succeeds and is, accordingly, allowed. The respondents are directed to forthwith permit assessment and clearance of the goods imported by the applicant - petitioner under Bills of Entry No.17 and 18 dated 16.03.2015 in accordance with the provisions of the Customs Act, 1962,subject to the following conditions:
i. The Customs authorities shall depute a Surveyor to check whether the tyres are reuseable with or without retreading.
ii. The petitioner shall not clear any goods which are not reuseable.
iii. The responsible person concerned will file an undertaking to the effect that they will sell the imported goods in a manner that they will be reused."
5. Let Notice be issued for final disposal to the respondents returnable on 18.01.2021. The situation being identical in the matter, similar interim directions are issued subject to similar conditions as referred to above. It is provided that the respondents would ensure compliance of the interim directions by the returnable date.
6. Registry shall also notify the Special Civil Application No.8492 of 2015 and Special Civil Application No.11569 of 2020 along with this writ petition for hearing."
3. Let Notice for final disposal be issued to the respondents, returnable on 26.04.2021. Situation being identical in the matter, similar interim directions are issued subject to similar conditions as referred to Page 3 of 4 Downloaded on : Fri Sep 03 03:29:01 IST 2021 C/SCA/2758/2021 ORDER above. It is provided that the respondents would ensure the compliance of the interim directions by the returnable date. Let this matter be heard along with Special Civil Application No.8492 of 2015 and allied matters.
(VIKRAM NATH, C.J.) (BHARGAV D. KARIA, J.) AMAR RATHOD...
Page 4 of 4 Downloaded on : Fri Sep 03 03:29:01 IST 2021