Messrs Jibran Overseas vs Union Of India

(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT)

1. Heard learned counsel for the parties.

2. The petitioner by way of this petition has approached this court with following prayers:

"(A) That Your Lordships may be pleased to issue a Writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ, direction or order, directing Respondent No.3 herein to allow clearance of used aircraft tyres for Animal Driven Vehicles & Tractor Trolley Agricultural Use imported by the Petitioner vide Bills of Entry Nos. 5071990 dated 26.09.2019, 5071999 dated 26.09.2019, 5816376 dated 25.11.2019 and 5821794 dated 25.11.2019 by assessing the Bills of Entry in accordance with the Customs Act, 1962;

(B) Pending hearing and final disposal of the present petition, Your Lordships may be pleased to direct the Respondents herein to forthwith permit assessment and Page 1 of 3 Downloaded on : Tue Jan 07 22:09:41 IST 2020 C/SCA/22278/2019 ORDER clearance of the goods imported by the Petitioner under Bills of Entry Nos. 5071990 dated 26.09.2019, 5071999 dated 26.09.2019, 5816376 dated 25.11.2019 and 5821794 dated 25.11.2019.

(C) An ex-parte ad-interim relief in terms of para 17(B) above may kindly be granted.

(D) Any other further relief as may be deemed fit in the facts and circumstances of the case may also please be granted."

3. The learned counsel for the petitioner has invited court's attention to the averments made in this petition and the annexure indicating that similar controversy had arisen earlier and the petitions were filed for redressal of grievance. The orders in the nature of interim orders were passed by this Court and they have been placed on record. The Court's attention to the number of similar orders have been passed ordering to issue rule and granting interim relief and it was urged that similar order may be passed in present petition also.

4. The learned counsel for the respondents has placed on record the affidavit-in-reply filed on behalf of respondents No.2 an 3. However, he could not controvert the factum of the earlier interim orders, which have been placed on record, nor can he point out any distinction in the facts of the present case to those of the earlier matters. In view thereof, when there is no controversy qua the law question being identical and the facts are also similar, let there be similar interim relief in this matter also.

5. Accordingly, the interim order in this petition is required to be passed. The respondents are directed to permit the clearance of the goods imported by the petitioner under Bills of Entry Nos. 5071990 dated 26.09.2019, 5071999 dated 26.09.2019, 5816376 dated 25.11.2019 and 5821794 dated 25.11.2019 in accordance with the provisions of Customs Act, 1962, subject to the following Page 2 of 3 Downloaded on : Tue Jan 07 22:09:41 IST 2020 C/SCA/22278/2019 ORDER conditions:-

(i) The Customs authorities shall depute a Surveyor to check whether the tyres are reusable with or without retreading.

(ii) The petitioner shall not clear any goods which are not reusable.

(iii) The petitioner shall see to it that an undertaking is filed with a copy to other-side, in this matter that the goods will be sold in a manner that they are used only in accordance with permissible usage. The same undertaking shall remain on file.

6. RULE. To be heard along with Special Civil Application No.8492 of 2015. Direct service for respondent No.3 is permitted.

(S.R.BRAHMBHATT, J) (A. P. THAKER, J) DRASHTI K. SHUKLA Page 3 of 3 Downloaded on : Tue Jan 07 22:09:41 IST 2020