M/S. Veer Agency Thru Prop. Hitendra Natwarlal Mehta v. Union Of India Thru Commissioner Of Customs

wp-6854-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION No. 6854 OF 2019 M/s. Veer Agency ..

Petitioner.

v/s.

Union of India ..

Respondent.

Mr. V. B. Singh, for the Petitioner.

CORAM: M.S.SANKLECHA, & M.S.SONAK, JJ.

DATE : 5th JULY, 2019.

P.C:- On 26th June, 2019, we passed the following order: "

None appears for the Respondent, despite service. Mr. Singh, learned Counsel appearing in support of the Petition, seeks time to amend the Petition by adding Assessing Officer as a party Respondent No.2 and making consequential amendments in the Petition and in the prayer clause. As the Petition has not yet been admitted nor any reply filed, no prejudice would be caused to the other side. Thus, amendment allowed. Amendment to be carried out on or before 28th June, 2019. Re-verification dispensed with. Amended copy to be served upon the Respondent including newly added Respondent No.2 immediately on carrying out of the amendments.

Petition to be on board on 5th July, 2019."

Mr. Singh, the learned Counsel appearing for the Petitioner states that amendment was carried out on 27th June, 2019 by adding the Asst. Commissioner of Customs i.e. Officer as party Respondent No.2 to this Petition.

S.R.JOSHI

wp-6854-2019.doc Mr. Singh, learned Counsel for the Petitioner informs us that he has personally served the amended copy of the Petition upon the newly added Respondent No.2 - Assistant Commissioner of Customs, Group-I, JNPT,Customs along with a copy of the order dated 26th June, 2019 passed by this Court. We are further informed by Mr. Singh that he has also requested Respondent No.2 to take steps to be duly represented when the Petition is on board on 5th July, 2019. In spite of the above, none appears for the Respondent. Affidavit of service dated 3rd July, 2019 has been filed, evidencing service of the amended Petition. In spite of the above, none appeared for the Respondent.

This Petition seeks finalization of the bill of entry filed on 11th October, 2017 filed for import of Srilankan Arecanuts. However, Respondents are not taking any steps for finalization of the bill of entry dated 11th October, 2017 of the Petitioner.

In the above view, we direct Respondent No.2 to finally assess the bill of entry dated 11th October, 2017 which is a subject matter of this Petition in accordance with law. The Respondent No.2 is directed to finalize the bill of entry as expeditiously as possible and not later than period of twelve weeks from the date of up-loading of this order. Petition disposed of in the above terms.

(M.S.SONAK,J.) (M.S.SANKLECHA,J.) S.R.JOSHI