Rajkamal Industrial Private Ltd. vs Union Of India

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

1. Learned counsel for the petitioners submitted that unfortunate development in the matter, which was essentially filed for seeking appropriate direction to the respondents for releasing the goods after accepting the bank guarantee as ordered by the CESTAT in the proceedings of Customs Appeal No.10724 of 2019 dated 3rd May 2019, whereunder the authorities were to provisionally assess and release the goods for re-export on acceptance of bank guarantee to the tune of Rs.1,29,00,000/-. As there was inaction on the part of the concerned authority, present petition was filed. He submitted that the Deputy Commissioner (Gr.I.), Customs House, Kandla also issued communication dated 2.12.2019 indicating therein that the bank guarantee is received and the goods would be released. However, it seems that on 3.12.2019, final Order in Original came to be passed, which, of course, is required to be Page 1 of 3 Downloaded on : Wed Jan 08 20:24:07 IST 2020 C/SCA/12631/2019 ORDER challenged in the appellate forum i.e. CESTAT, that has affected that petitioner in such a manner as the petitioner is put to hardship, as the cargo is in nature of fast evaporating goods i.e. species of petroleum product and petitioner would suffer at all ends viz. demurrage charges, detention charges and the likelihood of evaporating of the sizeable portion of the material. Hence, he urges the Court that the Court may observe and issue appropriate direction for at least priority disposal of the interim application that may be filed along with appeal in accordance with law so that the requisite respite could be obtained.

2. Learned counsel appearing for the respondents submitted that there shall not be any objection to any such request, however, the liberty be reserved to the respondents to take out all the applicable and available contentions in such an application.

3. Learned counsel for the petitioners submitted that the petition be permitted to be withdrawn with a liberty to the petitioners to file appeal under the provisions of Section 129-A of the Customs Act to the Tribunal i.e. CESTAT with an application for interim relief and the same be disposed of as expeditiously as possible.

4. Permission, as sought for, is granted with aforesaid liberty. It goes without saying that it would be absolutely open to the petitioners to urge the Tribunal in the appeal or, if permissible with appropriate application, for seeking appropriate interim orders in accordance with law for release of goods and present proceedings shall not be treated in any Page 2 of 3 Downloaded on : Wed Jan 08 20:24:07 IST 2020 C/SCA/12631/2019 ORDER manner an impediment in the way of the parties in justifying their contentions before the Tribunal. With these observations, present petition is disposed of as withdrawn. It is expected of the Tribunal to expeditiously dispose of the application, if any, strictly in accordance with law, after affording appropriate opportunity to all the concerned.

(S.R.BRAHMBHATT, J) (A. P. THAKER, J) R.S. MALEK Page 3 of 3 Downloaded on : Wed Jan 08 20:24:07 IST 2020