Dark Line Copier, vs Commissioner of Customs,

Type Court Judgment Court Kerala Decided Sep 23, 2021

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https://sooperkanoon.com/case/1663167

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Citation: sooperkanoon.com/1663167
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Sep 23, 2021
Case Number: WP(C)/16273/2021

Parties & Advocates

Appellant / Petitioner

Dark Line Copier,

Respondent

Commissioner of Customs,

Excerpt

.....the basis of the interim orders, shall be liable to execute surety bonds within two months from the date of receipt of a certified copy of the said will be entitled to initiate proceedings for return of the goods, the location of which should be in -3- the knowledge of respondent/importer as per the extended producer responsibility authorization”.4. since the petitioner in this case has obtained benefit of release of goods on the basis of the interim order, the condition prescribed by the division bench in ext.p1 shall also apply to the petitioner, and accordingly the petitioner shall execute a surety bond within a period of two months from the date of receipt of a copy of thisshall be entitled to initiate appropriate proceedings as directed in the judgment of the division bench. the writ petition is disposed of as above. sd/- bechu kurian thomas judge hmh -4- appendix of wp(c) 16273/2021 petitioner exhibits exhibit p1 true copy of the judgment dated 07.12.20 in customs appeal no.6 to 10 and 12 to 14/2019. exhibit p2 true copy of the order dated 22.12.2020 in wa no.1763/2020. exhibit p3 true copy of the order in original no.96/2021 dated 27.07.2021. respondent exhibits nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943 PETITIONER: M/s DARK LINE COPIER, 14, MERMAID TOWER-I, PLOT NO.32/33, SECTOR II, CBD BELPUR, NAVI MUMBAI, MAHARASHTRA-400 614, REPRESENTED BY ITS PROPRIETOR, BIPIN LIRA NOR, AGED 39 YEARS, S/O.LIRA RUDA NOR. BY ADV P.A.AUGUSTIAN RESPONDENTS: 1 COMMISSIONER OF CUSTOMS, 2 JOINT COMMISSIONER OF CUSTOMS, BY ADV SRI.P.R.SREEJITH, SC, CENTRAL BOARD OF EXCISE AND CUSTOMS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

It is submitted by the learned counsel for the petitioner that pursuant to the interim order dated 12.08.2021, the goods have been released.

2. The learned counsel for the respondents submitted that by Ext.P1 judgment, certain conditions have been imposed for those who have cleared the goods on the basis of the interim orders.

3. A perusal of Ext.P1 reveals that, the

Division Bench of this Court had directed that, “those who have already cleared the goods on the basis of the interim orders, shall be liable to execute surety bonds within two months from the date of receipt of a certified copy of the said will be entitled to initiate proceedings for return of the goods, the location of which should be in -3- the knowledge of respondent/importer as per the Extended Producer Responsibility Authorization”.

4. Since the petitioner in this case has obtained benefit of release of goods on the basis of the interim order, the condition prescribed by the Division Bench in Ext.P1 shall also apply to the petitioner, and accordingly the petitioner shall execute a surety bond within a period of two months from the date of receipt of a copy of this

shall be entitled to initiate appropriate proceedings as directed in the judgment of the Division Bench. The writ petition is disposed of as above. Sd/- BECHU KURIAN THOMAS JUDGE hmh -4- APPENDIX OF WP(C) 16273/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 07.12.20 IN CUSTOMS APPEAL NO.6 TO 10 AND 12 TO 14/2019. Exhibit P2 TRUE COPY OF THE ORDER DATED 22.12.2020 IN WA NO.1763/2020. Exhibit P3 TRUE COPY OF THE ORDER IN ORIGINAL NO.96/2021 DATED 27.07.2021. RESPONDENT EXHIBITS NIL

Same Court & Year Kerala · 2021 Same Parties Dark Line Copier, vs Commissioner of Customs, Same Judge Honourable Mr. Justice Bechu Kurian Thomas