Writ petition challenging customs orders sought to permit re-export of goods. Petitioner lost jurisdiction due to failure to appear; writ dismissed for non-prosecution.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 25TH DAY OF OCTOBER 2016/3RD KARTHIKA, 1938
WP(C).No. 9495 of 2016 (J)
PETITIONER(S):
M/S. MANNING CHINA LIMITED UNIT C, WAH HING INDUSTRIAL BUILDING, 2-6MA KOK STREET, TSUEN WAN, N.T., HONG KONG REPRESENTED BY ITS AGENT/ REPRESENTATIVE, MR. K. MOHAMED FAROOK.
BY ADV. M/S. MANNING CHINA LIMITED (PARTY)
RESPONDENT(S):
1. THE ASSISTANT COMMISSIONER OF CUSTOMS AIR CARGO COMPLEX, KARIPUR.
2. THE ASSISTANT COMMISSIONER OF CUSTOMS O/O, THE COMMISSIONER OF CENTRAL EXCISE, CUSTOMS & SERVICE TAX, CALICUT COMMISSIONERATE, C.R.BUILDING, MANANCHIRA, CALICUT-671 001.
3. THE DEPUTY DIRECTOR DIRECTORATE OF REVENUE INTELLIGENCE, CALICUT REGIONAL UNIT, THYAG, NO.16/1043-A, FRANCIS ROAD, P.O., CHALAPPURAM, KOZHIKODE-673002.
R1 & 2 ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SC ADV. SREELAL N. WARRIER, SC, R3 BY ADV. SRI.C.P.UDAYABHANU BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
dlk
SHAJI P. CHALY, J.
W.P.(C) No.9495 of 2016
Dated this the 25th day of October, 2016
JUDGMENT
This writ petition is filed by the petitioner seeking the
following reliefs:-
“(a) To issue a Writ of Mandamus or such other Writ, order or directions directing the respondents to permit re-export the goods covered by Exhibit P1.
(b) To direct the 1st respondent to bond the goods covered by Exhibit.P1 under Sec. 49 of the Customs Act, 1962 pending disposal of the writ petition.”
30.9.2016, it was informed by learned counsel for the petitioner that counsel has relinguished the Vakalath in the writ petition. Thereupon, the registry was directed to issue notice to the petitioner. Notice issued by the registry is accepted by the petitioner and the acknowledgment card is returned with the signature of the petitioner.
W.P.(C) No.9495 of 2016
2
representation, in accordance with the notice served on the petitioner. Therefore, it can only be presumed that the petitioner is not interested in prosecuting the matter.
Writ petition is dismissed for non-prosecution.
Sd/-
SHAJI P. CHALY,JUDGE
//True Copy//
P.A.To Judge
dlk/25/10/
M/s. Manning China Limited Unit C
Assistant Commissioner of Customs Air Cargo Complex, Karipur
Assistant Commissioner of Customs O/o, The Commissioner of Central Excise, Customs & Service Tax, Calicut Commissionerate
Deputy Director Directorate of Revenue Intelligence, Calicut Regional Unit
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
