Shirin International v. Union Of India & ORS.

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6670/2016 SHIRIN INTERNATIONAL ..... Petitioner Through: Mr. Manish Kaushik and Mr. Lavish Sharma, Advocates.

versus UNION OF INDIA & ORS.

..... Respondents Through: Mr. Dev P. Bhardwaj and Ms. Anubha Bhardwaj, Advocates for R-1.

Mr. Pramod Kr. Rai, Sr. Standing Counsel with Mr. Deepak Anand, Advocate for R- 2 to 4.

CORAM:

JUSTICE S. MURALIDHAR JUSTICE NAJMI WAZIRI

O R D E R

% 01.08.2016 CM No. 27310/2016 (Exemption)

1. Allowed subject to all just exceptions.

WP(C) 6670/2016 & CM No. 27309/2016

2. Notice. Mr Dev P. Bhardwaj, learned counsel accepts notice on behalf of Respondent No.1, while Mr. Pramod Kr. Rai, learned Sr. Standing Counsel accepts notice on behalf of Respondent Nos. 2 to 4. Mr Rai states that since the hearing in the proceedings emanating from the Show Cause Notice („SCN‟) dated 13th March, 2016 has concluded, a direction may be issued for a time-bound disposal of the said SCN.

3. Learned counsel for the Petitioner points out that the goods are fashion goods which will lose their value if there is any further delay in adjudicating the said SCN. He states that the Petitioner is facing hardship with the consignment not being released, despite the shipping bills having been filed on 26th February and 2nd March 2016 and despite the Petitioner agreeing to a waiver of the SCN and a hearing.

4. In the circumstances, it is directed that the Adjudicating Authority i.e. Additional Commissioner (Customs), Air Cargo Export will pass the adjudication order not later than 22nd August, 2016. The contention of the Petitioner qua the jurisdiction of the Adjudicating Officer is kept open to be agitated at the appropriate stage.

5. The petition and the application are disposed of in the above terms. S.MURALIDHAR, J NAJMI WAZIRI, J AUGUST 01, 2016 kk