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High Court of DelhiW.P.(C)/5562/2020

M/S. Khushi Ridhi China Group v. Principal Commissioner Of Customs & ORS.

2020-08-24Hon'Ble Mr. Justice Navin Chawla2 pages

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5562/2020 M/S. KHUSHI RIDHI CHINA GROUP ..... Petitioner Through Mrs.Priyadarshi Manish, Adv.

versus PRINCIPAL COMMISSIONER OF CUSTOMS & ORS.

..... Respondents Through Mr.Harpreet Singh, Senior Standing Counsel.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 24.08.2020 This petition has been heard through video conferencing. CM APPL. 20076/2020(Exemption from filing notarized affidavit) 1.

This application has been filed seeking exemption from filing duly notarised affidavit. Binding the deponent of the affidavit to the contents of the application, the exemption is granted.

2.

Application is disposed of.

W.P.(C) 5562/2020 This petition has been filed by the petitioner inter alia praying for the following reliefs:- (a) Issue a writ, order or direction in the nature of certiorari to quash the seizure memo dated 18.07.2020 (which has not supplied to the Petitioner) with respect to the goods imported vide bills of entry No.8132111 and 8134856 both dated 10.07.2020; and/or (b) Issue a writ, order or direction in the nature of mandamus

to the Respondents to provisionally release the goods seized vide seizure memo dated 18.07.2020 (which has not supplied to the Petitioner) against bills of entry No.8132111 and 8134856 both dated 10.07.2020;" It is the case of the petitioner that the petitioner is not in receipt of the Seizer Memo dated 18.07.2020 issued by the respondents. Though, the learned counsel for the respondents, who appears on advance notice, disputes the said submission, he submits that he would supply a copy thereof to the learned counsel for the petitioner during the course of the day.

As far as prayer 'a' is concerned, the petition is disposed of granting liberty to the petitioner to challenge the Seizer Memo, if so advised, in accordance with law.

As far as prayer 'b' as quoted hereinabove is concerned, the learned counsel for the petitioner submits that the applications seeking Provisional Release of the goods have been annexed as annexure P-11 (Colly) to the petition. The respondent no. 2 is directed to consider the said applications and pass an order thereon, in accordance with law, within a period of one week from today.

The petition is disposed of in the above terms. A copy of this order be supplied to the learned counsels for the parties on the e-mail addresses provided.

NAVIN CHAWLA, J AUGUST 24, 2020/rv