2012 (12) TMI 1001 - HC - Customs

Provisional release of goods - Held that - In case, the appeal is filed within a period of ten days along with an application for interim stay, the application for interim stay will be considered and decided within a period of five days from the date of filing of the application and appeal will be disposed off finally in accordance with law, as early as possible, but not later than a period of two months from the date of filing of the appeal - Application disposed of.

Summary

Issues:
1. Challenge to interim orders dated 29th August, 2011, and 20th April, 2012, related to the release of goods.
2. Preliminary objection raised regarding the availability of alternative remedy under Section 129A of the Customs Act, 1962.
3. Petitioner's request to withdraw the writ petition and file an appeal before the appellate authority.
4. Agreement between parties for the withdrawal of the writ petition and the terms of filing an appeal.

Analysis:

The petitioner challenged the interim orders dated 29th August, 2011, and 20th April, 2012, concerning the release of goods. The respondents raised a preliminary objection citing the availability of an alternative remedy under Section 129A of the Customs Act, 1962, for appealing the order passed under Section 110A of the Act. The petitioner, in light of this objection, expressed willingness to withdraw the writ petition and file an appeal before the appellate authority. The petitioner requested a reasonable time to file the appeal and sought the continuation of the interim order to prevent any coercive action by the respondents until the appeal decision. The respondents did not object to this request.

As per the agreement between the parties, the court passed the following orders: (i) Dismissal of the writ petition as withdrawn. (ii) Permission granted to the petitioner to file an appeal before the appellate authority within ten days, with a provision for an interim stay application to be decided within five days and the appeal to be finalized within two months. (iii) Operation of the interim stay order of the Court for fifteen days. (iv) Each party directed to bear their own costs related to the writ petition. Consequently, the stay application and the application under Article 226(3) of the Constitution of India were also disposed of in view of the above orders.