Dismissed

M/S. Shree Rishabdev Marble and Minerals Pvt. Ltd. v. Assistant Commissioner of Customs

Rajasthan HC14 Jan 2021CW/1844/2020

Case brief

AI extract

What is this about?

Petitioner sought withdrawal of writ petition with liberty to appeal against withdrawal of job work permission and rejection of export request. Court granted withdrawal and directed appellate authority to decide appeal on merits if filed within three weeks, extending interim maintenance of status quo for seized goods.

What did the court decide?

Writ petition dismissed as withdrawn; liberty granted to file appeal within three weeks; maintenance of status quo extended for three weeks.

M/S. Shree Rishabdev Marble and Minerals Pvt. Ltd. Vs… — Customs and Excise | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Civil Writ Petition No. 1844/2020

¶3

M/s. Shree Rishabdev Marble And Minerals Pvt. Ltd., Through Its Director, Naresh Bolya Gaurav Path, N.H. 8, Bhuwana, Udaipur, Rajasthan.

¶4

----Petitioner

¶5

Versus

¶6

Assistant Commissioner Of Customs, Jodhpur Division, Kuchaman Bangla, Panch Batti, Ratanada, Jodhpur, Rajasthan.

¶7

Superintendent, Custom Range, Udaipur, Rajasthan.

¶8

----Respondents

¶9

For Petitioner(s) : Mr. Harish Kumar Purohit For Respondent(s) : Mr. Rajvendra Saraswat

¶10

HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS

¶11

Order

¶12

14/01/2021

¶13

This petition is directed against the order dated 6.1.2020 passed by the Assistant Commissioner (Customs), Jodhpur Division, whereby permission for job work given in favour of the petitioner vide order dated 13.6.2019, is withdrawn and the request made for export of the goods from the job worker premises has been rejected.

¶14

(2 of 3)

¶15

[CW-1844/2020]

¶16

A reply to the writ petition has been filed on behalf of the respondents raising a preliminary objection that the order impugned is appealable before the Commissioner (Appeals) under Section 128 of the Customs Act, 1962 (for short ‘the Act’).

¶17

Learned counsel appearing for the petitioner submits that the petitioner may be permitted to withdraw the petition with liberty to avail statutory remedy of appeal under Section 128 of the Act. It is submitted that the appeal now to be filed by the petitioner before the Commissioner (Appeals) shall be barred by limitation and therefore, the direction may be issued to the appellate authority to decide the appeal on merits, if the same is filed within a period of three weeks.

¶18

Learned counsel appearing for the respondents has fairly not opposed the limited prayer made on behalf of the petitioner. 5. It is noticed that assailing the order dated 6.1.2020, the present petition was filed by the petitioner before this Court on 4.2.2020 and thus, the petitioner was pursuing the remedy before this Court bonafidely and therefore, the indulgence as prayed for by the petitioner deserves to be granted. 6. Accordingly, the writ petition is dismissed as withdrawn with the liberty to the petitioner to avail the statutory remedy of appeal. It is directed that if the appeal is filed by the petitioner within a period of three weeks, the same shall be decided on merits after giving an opportunity of hearing to the petitioner. 7. At this stage, learned counsel appearing for the petitioner submits that during pendency of this petition, the finished goods of the petitioner i.e. the marble slabs were seized by the respondents and therefore, vide interim order dated 5.3.2020, this

¶19

(3 of 3)

¶20

[CW-1844/2020]

¶21

Court directed to maintain the status quo, which may be continued further for a period of three weeks. Ordered accordingly.

¶22

(RAMESHWAR VYAS),J

¶23

(SANGEET LODHA),J

¶24

10-Vij/-

M/S. Shree Rishabdev Marble and Minerals Pvt. Ltd. v. Assistant Commissioner of Customs

Case brief

What is this about?

What did the court decide?

M/S. Shree Rishabdev Marble and Minerals Pvt. Ltd. v. Assistant Commissioner of Customs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Rati Ram Vs State of Rajasthan

Rajendra Kumar Razdan Vs Mr. T. Srinivasan

State of Rajasthan Vs Lal Chand Chotiya

Dungar Ram Vs State of Rajasthan

Chunni Lal Vs the State of Rajasthan

Prashant Sharma Vs State of Rajasthan