Cortel India v. Commissioner Of Customs & ANR.

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6492/2016 CORTEL INDIA ..... Petitioner Through:

Mr. Naveen Malhotra, Advocate versus COMMISSIONER OF CUSTOMS & ANR.

..... Respondents Through:

Mr. Sanjeev Narula, Senior Standing Counsel with Ms. Anumita Chandra, Advocate for respondent No.1 Mr. Satish Aggarwala, Advocate for respondent No.2 CORAM: JUSTICE S. MURALIDHAR JUSTICE CHANDER SHEKHAR

O R D E R

% 28.04.2017 CM No.39580/2016

1. For the reasons stated therein, the application is allowed. The delay of 58 days in filing the counter affidavit on behalf of respondent No.1 is condoned.

WP(C) No.6492/2016

2. The decision of this Court in Mangli Impex vs. Union of India & Ors., 2016 (335) ELT 605 (Del) having been stayed by the Supreme Court and with the appeal of the Union of India still pending, it is not possible for the Court to grant relief as prayed for in the present petition.

3. It will be open to the Petitioner to revive the prayer subject to the outcome of the above appeal in the Supreme Court.

4. The petition is dismissed in the above terms. S. MURALIDHAR, J CHANDER SHEKHAR, J APRIL 28, 2017 tp