2019 (7) TMI 1837 - HC - Customs

Interference with the import of the commodity based on subsequent notifications - HELD THAT - Issue notice on writ as well as stay application, returnable within four weeks. Learned counsel for the petitioner would deposit process fee and take out notice for service on respondents. In the meanwhile and till the next date, effect and operation of the impugned notification dated 28th December, 2018 (Annexure-9) and 29th March, 2019 (Annexure-19) and subsequent trade notice dated 16th April, 2019 (Annexure-20), shall remain stayed.

Summary

Issues:
Interference with import of commodity due to subsequent notifications.

Analysis:
The judgment pertains to a petition where the petitioner raises concerns about interference with the import of a commodity due to subsequent notifications issued by the respondents. The petitioner's counsel highlights that several identical writ applications, including the petitioner's firm's case, have been entertained by the court on the same issue. The court takes cognizance of the matter and decides to issue notice on the writ as well as the stay application, returnable within four weeks. The petitioner is directed to deposit the process fee for serving notice on the respondents, with necessary steps to be taken within a week.

Regarding the interim relief sought by the petitioner, the court orders that the effect and operation of the impugned notifications dated 28th December 2018, 29th March 2019, and a subsequent trade notice dated 16th April 2019 shall remain stayed until the next date of hearing. The court emphasizes that as a consequence of this interim order, the respondents must release the commodity involved in the case without fail. This directive aims to ensure that the petitioner is not adversely affected by the notifications issued by the respondents, pending a detailed examination of the legal issues involved.