Jai Shiv Trading Co. v. The Commissioner Of Custom (Import)

$~23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10774/2017 & CM APPL.44125-26/2017 JAI SHIV TRADING CO.

..... Petitioner Through:

Mr.

Amit Atri & Mr.

Priyanshu Upadhyay, Advocates.

versus THE COMMISSIONER OF CUSTOM (IMPORT) ..... Respondent Through:

Mr. Harpreet Singh, Senior Standing Counsel with Mr.

Bhavya Dubey, Advocate.

Mr. Satish Aggarwal, Advocate for DRI.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE PRATHIBA M. SINGH

O R D E R

% 07.12.2017 After some hearing learned counsel for petitioner states that he would withdraw the present writ petition and approach the Tribunal for relief in view of the observations made in paragraph 10 of the order dated 27th December, 2016 passed by Commissioner (Appeals).

The writ petition is dismissed as withdrawn with liberty as prayed for.

We clarify that we have not expressed any view on merits of the case and it will be open to the respondent to contest the said proceedings on all aspects including the question of limitation. Miscellaneous applications are disposed of as infructuous. SANJIV KHANNA, J PRATHIBA M. SINGH, J DECEMBER 07, 2017/dk