M/S Rainbow Fashions v. The Deputy Commissionerof Customs
#2 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3714/2020 M/S RAINBOW FASHIONS ..... Petitioner Through:
Ms. Sweta Rani, Advocate versus THE DEPUTY COMMISSIONER OF CUSTOMS ..... Respondent Through:
Mr. Harpreet Singh, Sr. Standing Counsel
CORAM:
HON'BLE MR. JUSTICE MANMOHAN HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 24.06.2020 CM APPL. 133087/2020 Allowed, subject to just exceptions.
W.P.(C) 3714/2020 The petition has been listed before this Bench by the Registry in view of the urgency expressed therein. The same has been heard by way of video conferencing.
It is pertinent to mention that present writ petition has been filed seeking a direction to the respondent to finalise the bills of entry filed by the petitioner for clearance of goods namely Polyester knitted Fabrics during the period 2013 to 2016.
Learned counsel for petitioner states that the bills of entry which are provisionally assessed cannot be kept provisional for an indefinite period
and a final decision needs to be taken at the earliest. She also states that despite repeated requests, the respondent, contrary to the statutory mandate, has not finalized the bills of entry till date. She points out that the petitioner's earlier bills of entry for the period 2013-14 were finalized only when this Court had issued notice in the initial writ petition filed by it being W.P.(C) 1235/2017.
Issue notice.
Mr. Harpreet Singh, learned senior standing counsel accepts notice on behalf of respondents.
Keeping in view the limited prayer made in the writ petition, the same is disposed of with a direction to the respondent to finalise the bills of entry filed by the petitioner for clearance of goods namely Polyester knitted Fabrics during the period 2013 to 2016 within a period of six weeks. With the aforesaid direction, present writ petition stands disposed of. In the event the order is not complied with, the petitioner is granted liberty to file appropriate proceedings in accordance with law, including initiation of contempt proceeding.
The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail. MANMOHAN, J SANJEEV NARULA, J JUNE 24, 2020 rn