K.Y. Enterprises v. The Principal Commissioner Of Customs

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 20.

+ W.P.(C) 5367/2016 K.Y. ENTERPRISES ..... Petitioner Through Mr C. Harishankar, Senior Advocate with Mr Prem Ranjan Kumar and Mr Abhishek Jaju, Advocates.

versus THE PRINCIPAL COMMISSIONER OF CUSTOMS ..... Respondent Through Mr Satish Kumar, Senior Standing Counsel.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE VIBHU BAKHRU

O R D E R

% 01.06.2016 CM 22382/2016 (Exemption)

1. Allowed, subject to all just exceptions.

W.P.(C) 5367/2016

2. It is not in dispute that against the impugned order dated 12th May 2016 the remedy of a statutory appeal is available before the CESTAT. In that view of the matter, the Court is not inclined to entertain this writ petition.

3. It will be open to the Petitioner to draw the attention of the CESTAT to the judgment dated 3rd May 2016 passed by this Court in W.P (C) 441/2013 (Mangali Impex Ltd. v. Union of India). It will be for the CESTAT to W.P.(C) 5367/2016 Page 1 of 2

consider the said decision and decide the appeal in accordance with law.

4. The appeal is dismissed with the above observations. S.MURALIDHAR, J VIBHU BAKHRU, J JUNE 01, 2016 pkv W.P.(C) 5367/2016 Page 2 of 2