Commissioner Of Customs, Patna v. M/S Katyal Metal Agencies

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1856 of 2015 In MA 727 of 2012 ====================================================== Commissioner of Customs, Patna, 5 Floor, C.R. Building, Bir Chand Patel Marg, Patna.

.... .... Petitioner/s

Versus

M/s Katyal Metal Agencies, 9611/2013 Sadar Thana Road, Paharganj, New Delhi - 55.

.... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 29-02-2016 I.A. No. 1036 of 2016:

The interlocutory application has been filed for amendment of the prayer made in the restoration application so as to seek restoration of I.A. No. 4533/2015 also along with that of MA No. 727/2012.

On a consideration of the facts and circumstances of the case, the prayer for amendment is allowed. I.A. No. 1036/2016 is, accordingly, disposed of. Mr. Kumar Pankaj, learned Junior Standing Counsel, Customs Department submits that the restoration of the Miscellaneous Appeal is being sought only as a technical measure because he has received instructions in writing from the

Patna High Court MJC No.1856 of 2015 (4) dt.29-02-2016 2/2 Department that the Department itself intends to withdraw the appeal after the same is restored and not to pursue with the same. In view of the aforesaid submissions made by learned counsel for the petitioner, Commissioner of Customs, M.A. No. 727/2012 is directed to be restored to its original file. Put up the Miscellaneous Appeal under the heading "For Admission" along with the limitation petition on 4th March, 2016.

(Ramesh Kumar Datta, J) (Sudhir Singh, J) U S.Pandey/-