Court dismissed a writ petition withdrawing it with liberty to file a statutory appeal. Due to business standstill, CESTAT to decide stay application within three weeks if appeal is filed in three days.
Writ petition and applications dismissed as withdrawn with liberty to file statutory appeal.
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M/S BUHARIWALA LOGISTICS ..... Petitioner
Through Mr.Sujay Kantawala with Ms.Rachna Golchha, Advocates.
versus
THE COMMISSIONER OF CUSTOMS (GENERAL)..... Respondent Through Mr.Satish Kumar, Sr.Standing Counsel for R-1.
CORAM: HON'BLE MR. JUSTICE MANMOHAN
O R D E R
After some arguments, learned counsel for the petitioner wishes to withdraw the present writ petition with liberty to file a statutory appeal.
However, learned counsel for the petitioner states that the petitioner’s business has come to a standstill as a result of the impugned order. In view thereof, it is directed that, in the event, the appeal is filed within a period of three days, the CESTAT shall decide the stay application filed by the petitioner, within a period of three weeks.
With the aforesaid liberty, the present writ petition and the applications are dismissed as withdrawn.
Order dasti .
MANMOHAN, J
MARCH 01, 2016 KA
1 issue framed by the court
Whether to dismiss the writ petition upon withdrawal of the petition with liberty to file a statutory appeal.
M/S BUHARIWALA LOGISTICS
THE COMMISSIONER OF CUSTOMS (GENERAL)
Manmohan
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
