2019 (10) TMI 644 - HC - Customs

Grant of interim relief - production of valid Import Permit - HELD THAT - By way of interim relief, it is directed that on a copy of the application made by the petitioners for issuance of an Import permit being produced with acknowledgement, the respondents will allow the consignment to be cleared within one week therefrom and which clearance will also be on required terms and conditions and without prejudice to their rights and contentions in the affidavit in reply. Stand over to 27th November, 2019.

Summary

Issues:
Interim relief based on Bombay High Court orders regarding Import Permit issuance.

Analysis:
The petitioners sought interim relief based on the Bombay High Court's orders regarding the issuance of an Import Permit. The petitioner's advocate referred to the interim order in a specific case and various other orders by the Bombay High Court to support their plea. Additionally, a communication from one of the respondents was highlighted, indicating that the matter would be decided post the production of a valid Import Permit or any relief from the Bombay High Court in another case. The attention of the court was also drawn to an order passed by the Bombay High Court, where an application for an Import Permit had been made by the petitioners. The court accepted this as an undertaking and issued specific directions regarding the clearance of the consignment within a week of producing the application. The court noted that a prima facie case for interim relief had been established based on the Bombay High Court's previous decisions and granted the relief requested by the petitioners. Consequently, the court directed the respondents to clear the consignment upon receipt of the Import Permit application, following the terms and conditions set by the Bombay High Court in a prior case. The matter was adjourned for further proceedings.