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2015 (9) TMI 88 - HC - CustomsGoods at duty free shops are imported into India – Appellants consignment was not cleared by Custom Authorities for reason that consignment being of food products, required NOC from FSSAI – Though goods were later cleared, appellant filed petition before Single Judge seeking clarification that goods subject matter of consignment being meant for sale in Duty Free shops, cannot be treated as imported into India and that said goods do not enter country as same are sold at Duty Free shops, which was disposed of – Held that:- Appellant contended that inspite of consignment owing to non-clearance of which writ petition was filed being cleared, to decide question of law, so that if contention of appellant is right, it does not face such situations in future – Admittedly work of appellant is recurring in nature – Cause of action for filing of petition from which this appeal arises was not stray one – It is common knowledge that some time is taken in engaging advocates, preparing and filing the petition, listing thereof in Court and in hearing of petition even qua interim relief claimed and during all of which time goods would not be released – Settled position in law that opposite party to litigation cannot defeat lis validly brought before Court by contending that cause of action had disappeared – Appeal allowed – Order of Single Judge disposing of petition set aside – Writ Petition restored - Decided in favour of Appellant.
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