TMI Blog2016 (5) TMI 1194X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent No.1, so that he may seek further instructions in the matter, within a period of 3 days from today. Looking to the fact that in contempt proceedings order has been passed and in case, if stay is not granted against the appellants then, the impugned order will be executed and both the writ appeals of the department will be rendered as infructuous apart of facing contempt by the writ court. - Interim relief and stay granted - W.A. No. 637/2015, W.A. No. 639/2015, W.A. No. 496/2015 - - - Dated:- 6-1-2016 - P. K. Jaiswal And J. K. Jain, JJ. For the Petitioner : Prasana Prasad, Ajay Bagadiya For the Respondent : G. L. Rawal, V. K. Jain ORDER They are heard. 2. By these intra court appeals, the Departments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven after release of the goods, if the respondent Department is still of the opinion that the consignment is not of the Bureau of India standards, it is free to take action in accordance with the provisions of law and that the petitioner shall co-operate fully with the respondent in the investigation of the same. 3. At the outset, Shri G.L. Rawal, learned Senior counsel with Shri V.K. Jain, learned counsel appearing on behalf of respondent No.1 (Ankit Industries Ltd.) raised a preliminary objection on the question of arguments on admission on the ground that the goods were covered by commercial invoices dated 4.9.2014 and consignments of alloy steel deformed bars also forthwith lying at the port of Chennai and inspite of interim orders ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... objection be allowed and till the order passed by the writ court is complied with, the hearing of these three appeals be deferred. 5. In reply to the preliminary objection, learned counsel for the Department submits that M/s. Ankit Industries Ltd., writ petition had no territorial jurisdiction to file the writ petition at Indore Bench of M.P. High Court since no cause of action arises to file the writ petition. It is also submitted that the learned writ court without properly appreciating the judgment of the Bombay High Court in the case of Global Tradex Ltd V/s. Union of India Ors. [W.P.No.2907/2014] dated 24.12.2014 has allowed the writ petition on the ground that circular dated 7.11.2014 in no way prohibits the writ petitioner from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned Senior counsel for the writ petitioner that till the contempt is purged the appeal against the writ petition cannot be heard has no merit and, therefore, we reject the said preliminary objection and issue notice to the respondents on merit as well as on I.A.No.5511/2015, I.A.No.6418/2015 and 6425/2015. 8. Shri V.K. Jain, learned counsel accepts notice on behalf of respondent No.1. 9. Appellants are directed to supply the copy of memo of appeal to Shri V.K. Jain, learned counsel for the respondent No.1, so that he may seek further instructions in the matter, within a period of 3 days from today. 10. Looking to the fact that in contempt proceedings order has been passed and in case, if stay is not granted against the app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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