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Global Exim Versus Commissioner of Customs (Export) , Nhava Sheva

2015 (11) TMI 1152 - CESTAT MUMBAI

Contempt proceedings - Non adherence to court's order - Non release of goods inspite of court's order - Held that:- Respondent has already filed an appeal along with stay petition before the Honíble High Court on 21st August 2015 immediately after receiving the certified copy of the Tribunalís order on 13th August 2015. Since the stay petition along with the appeal is pending before the Honíble Bombay High Court, insisting on release of the goods at this juncture will make the stay petition infr .....

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r, and Shri M.K. Mall, Assistant Commissioner (AR) ORDER Brief facts in connection with this application are that this Tribunal vide order No. A/1807/15/SMB dated 26.6.2015 has allowed the appeal filed by the appellant and the customs authority was directed to release the goods to the appellant forthwith, imported under bill of entry No. 6321863 dated 2.8.2014, within a period of seven days from the receipt or production of a copy of the order. Thereafter the applicant submitted a letter dated 2 .....

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on 7.8.2015, the Tribunal was informed that it has been decided to contest the order of the Tribunal before the Hon ble Bombay High Court along with petition to stay the order but the Custom House is yet to receive the certified copy of the Tribunal s order. Today, the case was heard at length. 3. Learned counsel for the applicants contention was that the Tribunal in the order dated 26.6.2015 has directed the respondent to clear the consignments within seven days and they have produced the cop .....

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15 in the Hon ble Bombay High Court, which is schedule to come up on 21st September 2015. 4. Learned Additional Commissioner, Shri Rakesh Goyal from the Custom House, is present. He submitted that in this case, the early hearing application was listed for hearing on 30th March 2015 but was adjourned at the request of the advocate of the applicant, to 24th April 2015. On 24th April 2015, the early hearing application was allowed by the Tribunal and it was decided to hear the case on 28th April 20 .....

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Tribunal needs to be filed along with stay application. It was also submitted that the decision of the Division Bench of the Hon ble High Court of Kerala in the case of Maliakkal Industrial Enterprise in WA No.617 of 2012 dated 3.6.2014 on the very same issue is against the applicant, but the said order of the Hon ble High Court of Kerala has been distinguished by the Tribunal. It was also submitted that earlier also for the same goods and same party on two occasions, the appeals have been filed .....

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tion and also appeal against the order of the Tribunal and it is submitted that the stay application as also the appeal was filed on 21st August 2015 having lodging No. 107 of 2015 and notice of motion having lodging No.2295 of 2015. He further submitted that the said appeal and stay application are yet to be decided by the Hon ble Bombay High Court. It was also submitted by the learned Additional Commissioner that as per Section 130 of the Customs Act, 1962, the Commissioner can file an appeal .....

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