Disposed

M/S.Fci Technology Services Ltd. v. Union of India and 4 Others

Kerala HC6 Feb 2009WP(C)/485/2009

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging a bank guarantee order. Since appeals and stay petitions were filed pending due to the commissioner's leave, the court directed the respondent to expedite the stay petition while keeping the interim order in force.

What did the court decide?

Stay petition shall be disposed expeditiously; interim order remains in force; petitioner must keep bank guarantee alive.

M/S.Fci Technology Services Ltd. Vs Union of India and 4… — Customs and Excise | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 485 of 2009(G) PETITIONER(S):

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M/S.FCI TECHNOLOGY SERVICES LTD., XXIX/2089, THRIPUNITHURA ROAD, THYKOODAM, KOCHI - 682 019, REPRESENTED BY ITS DIRECTOR. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR

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RESPONDENT(S):

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UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI - 110 001.

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THE COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS (APPEALS), COCHIN COMMISSIONERATE, C.R.BUILDING, I.S.PRESS ROAD, KOCHI - 682 018.

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THE ASSISTANT COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, COCHIN - 682 009.

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ZONAL JOINT DIRECTOR GENERAL OF FOREGIN TRADE, SASTHRI BHAVAN ANNEX, 4TH AND 5TH FLOOR, 26 HADDOWS ROAD, CHENNAI - 600 006.

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CENTURION BANK LTD., CHOICE TOWERS, MANORAMA JUNCTION, COCHIN - 682 016, REPRESENTED BY ITS SENIOR MANAGER.

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ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R4 SRI.TOJAN J.VATHIKULAM,SC,C.B. EXCISE SRI.N.BALAKRISHNA PILLAI FOR R5 SRI.B.PREMKUMAR FOR R5 SRI.T.SANJAY FOR R5 SRI. THOMAS MATHEW NELLIMOOTTIL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PETITIONER'S EXHIBITS: WPC NO. 485/2009

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EXT.P1TRUE COPY OF BANK GUARANTEE. EXT.P2 LETTER DT. 4-3-2008. EXT.P3 SHOW CAUSE NOTICE DT. 25-10-2007. EXT.P4 REPLY DT. 14-11-2007. EXT.P5 ORDER DT. 19-12-2008.

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EXT.P6 LETTER DT. 22-12-2008.

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EXT.P7 CIRCULAR DT. 25-5-2004. EXT.P8 CIRCULAR DT. 2-6-1998.

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EXT.P9 DECSION OF SUPREME COURT.

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EXT.P10 JUDGMENT IN W.P.C.NO. 18749/2008.

[TRUE COPY]

P.S TO JUDGE.

S. Siri Jagan, J.

W. P (C) No. 485 of 2009

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Dated this, the 6^th February, 2009.

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J U D G M E N T

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The petitioner is aggrieved by Ext. P5 order against which, admittedly, an appeal lies before the 2^nd respondent. At the time of admission, I granted an interim stay for a period of one month to enable the petitioner to file an appeal and move a stay petition. Counsel for the petitioner submits that an appeal as well as stay petition have been filed before the 2^nd respondent on 2^nd February, 2009, but, unfortunately, the petitioner is not in a position to move the stay petition since the Commissioner of Appeals is on leave. In the above circumstances, I dispose of this writ petition with the following directions:

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The 2^nd respondent shall consider and pass orders on the stay petition submitted by the petitioner as expeditiously as possible. Till orders are passed on the stay petition, the interim order passed by this Court shall continue to be in force. In the meantime, the petitioner shall keep the bank guarantee furnished by the petitioner alive.

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Sd/- S. Siri Jagan, Judge.

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Tds/

M/S.Fci Technology Services Ltd. v. Union of India and 4 Others

Case brief

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M/S.Fci Technology Services Ltd. v. Union of India and 4 Others

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