Laftan Exports Private Limited v. The Commissioner Of Custom Excise

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6740/2024 LAFTAN EXPORTS PRIVATE LIMITED ..... Petitioner Through:

Ms Beenashaw Soni, Mr Hitender Kumar and Mr Bhuvnesh Tyagi, Advocates.

versus THE COMMISSIONER OF CUSTOM EXCISE ..... Respondent Through:

Mr Harpreet Singh, Senior Standing Counsel with Ms Suhani Mathur and Mr Jatin Kumar Gaur, Advocates with Mr Ashish Bhardwaj, Superintendent.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 13.05.2024 CM APPL. 28115/2024 1.

Exemption is allowed, subject to all just exceptions. 2.

The application stands disposed of.

W.P.(C) 6740/2024 3.

The petitioner has filed the present petition, inter alia, praying as under:

"a) Allow the petition and direct the Respondent to Release the consignment pertain to ORDER NO. 2056927912 Dated 03.05.2024 in favour of petitioner."

4.

The learned counsel appearing for the petitioner states that the petitioner had booked a consignment of two pallets of Paintball bearing HS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/05/2024 at 11:56:04

Code 95069190 (320 Cartons), on 21.03.2024. Thereafter, an invoice dated 08.04.2024 was also raised in respect of the said consignment. She further states that the delivery order was made on 15.04.2024. The duty was paid on 03.05.2024 and a gate pass dated 03.05.2024 was also issued. 5.

The petitioner is aggrieved as its agent, M/s CSB Logistics, was not allowed to lift the consignment despite issuance of the gate pass - OCC dated 03.05.2024. Further, no reason for the same was communicated to the petitioner.

6.

Mr Harpreet Singh, learned counsel appearing for the respondent states, on instructions of Mr Ashish, Superintendent (who has also joined the proceedings through video conferencing) that there is no impediment for the petitioner to lift the consignment in question. He submits that if the petitioner's CHA makes arrangements for lifting the consignment, he would not be stopped then doing so or interdicted in any manner. 7.

In view of the above, the petitioner's grievance stands addressed. No further orders are required to be passed in this petition. 8.

The petition is disposed of.

9.

Order dasti under signature of Court Master.

VIBHU BAKHRU, J TARA VITASTA GANJU, J MAY 13, 2024 RK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/05/2024 at 11:56:04