High Court of DelhiW.P.(C)/4630/2018

Shankheshwar Impex Pvt. Ltd. v. The Commissioner Of Customs Air Cargo Complex (Import)

2018-05-16Hon'Ble Mr. Justice Sanjiv Khanna,Hon'Ble Mr. Justice Chander Shekhar2 pages

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4630/2018 SHANKHESHWAR IMPEX PVT. LTD.

..... Petitioner Through:

Ms. Anjali J. Manish, Mr. Priyadarshi Manaish, Ms. Nidhi Saini & Mr.

Sagar Rohtagi, Advocates versus THE COMMISSIONER OF CUSTOMS AIR CARGO COMPLEX (IMPORT) ..... Respondent Through:

Mr. Harpreet Singh, SSC

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 16.05.2018 CM No.19523/2018 This is an application by Ms. Anjali J. Manish and Mr. Priyadarshi Manish, Advocates for withdrawal of vakalatanama, as the petitioner has engaged another counsel. Dr. G. K. Sarkar, Advocate has entered appearance on behalf of the petitioner. The application is accordingly allowed.

WP(C) No.4630/2018 & CM No.17867/208 Learned counsel for the respondent states that the request for provisional release was rejected vide order date 10.11.2017 and the request for warehousing has been rejected vide order dated 3.5.2018. A copy of the order dated 3.5.2018 has been served on learned

counsel for the petitioner.

Learned counsel for the petitioner states that the petitioner did not receive the copy of the order dated 10.11.2017. Learned counsel for the respondent states that copy of the order dated 10.11.2017 would be sent to the petitioner within seven days. This statement made by learned counsel for the respondent is without prejudice to the rights and contentions of the respondent. At this stage, learned counsel for the petitioner submits that the petitioner would prefer an appeal against the order dated 3.5.2018 and would also impugn the order dated 10.11.2017, raising the contention that the said order was not served on them earlier point in time. He seeks permission to withdraw the writ petition, with liberty to file an appeal and take recourse to alternative remedy. The writ petition is dismissed as withdrawn, in view of the statement made, without commenting on merits. This order would not be construed as an order deciding the question whether the order dated 10.11.2017 was or was not served on the petitioner.

Dasti under signature of the Court Master.

SANJIV KHANNA, J CHANDER SHEKHAR, J MAY 16, 2018/tp