Non renewal /extension of the Warehouse License - Demand of ...

Court Rules Against Warehouse Licensee for Misusing Writ Jurisdiction; Customs Department Not Included in Civil Suit.

December 7, 2020

Case Laws     Customs     HC

Non renewal /extension of the Warehouse License - Demand of customs duty - goods were moved from one warehouse to another - There are no reason for the appellant/ petitioner to have invoked the writ jurisdiction of this Court on the basis of a status quo order granted by the trial Court in a civil Suit in which Customs Department was not at all a party. Nothing prevented him to even implead Customs Department also as Defendant in that very suit, so that all related issues could be adjudicated by one Court. This is what, the abuse of process of law is and if an observation of a learned single Judge in this process is given against the appellant/petitioner, he cannot be permitted to raise a plea against that in the intra court appeal. - HC

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