TMI Blog2020 (12) TMI 712X X X X Extracts X X X X X X X X Extracts X X X X ..... priate application before the appellate authority with a prayer to re export the goods, as prayed for, in this writ application. - R/SPECIAL CIVIL APPLICATION NO. 16003 of 2020 - - - Dated:- 15-12-2020 - HONOURABLE MR. JUSTICE J.B.PARDIWALA And HONOURABLE MR. JUSTICE ILESH J. VORA MR SAURABH KAPOOR ADVOCATE WITH MR PRATEEK S BHATIA FOR THE PETITIONER ORDER ( PER : HONOURABLE MR. JUSTICE J. B. PARDIWALA ) 1 By this writ application under Article 226 of the Constitution of India, the writ applicant, a proprietary concern through its proprietor, has prayed for the following reliefs: (i) Issuance of writ/order or direction in the nature of certiorari/mandamus seeking quashing of the order dated 16.10.2020 (Annexure D) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case may be summoned from the respondents authorities; (viii) Costs of the writ petition be awarded; 2 We have heard Mr. Saurabh Kapoor, the learned counsel assisted by Mr. Prateek Bhatia, the learned counsel appearing for the writ applicant. Mr. Kapoor first invited our attention to the operative part of the order of confiscation passed by the Additional Commissioner, Customs House, Mundra dated 16th October 2020. The operative part reads thus: ORDER i) I order confiscation of imported goods weighing 10401 Kgs and valued at ₹ 36,01,792/ covered under Bill of Entry No.6467365 dated 14.01.2020; in terms of Section 111(d) of the Customs Act, 1962. However, I give an option to importers to re export the goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and decide the same in accordance with law. We permit Mr. Kapoor, the learned counsel to prefer an appropriate application before the appellate authority with a prayer to re export the goods, as prayed for, in this writ application. If, for any good reason, the appellate authority is not able to take up the main appeal for hearing and decide the same, then at least he is expected to hear the application seeking re export of the goods within eight days from the date the same is filed before the respondent No.5. We invite the attention of the respondent No.5 to the circular dated 16th September 2014 (Annexure : H to this writ application), more particularly, clause 4 therein. Let an appropriate decision be taken within a period of fifteen da ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
