The Deputy Commissioner Of Customs Import 1 v. Ratnagiri Gas And Power Pvt Ltd
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8700 OF 2024 IN WRIT PETITION NO. 5172 OF 2024 The Deputy Commissioner of Customs (Import-I) ...Applicant
IN THE MATTER BETWEEN
Ratnagiri Gas & Power Pvt Ltd (RGPPL)
...Petitioner
Versus
Office of the Assistant Commissioner & Ors
...Respondents
Mr. Jitendra B. Mishra, a/w Dhananjay B. Deshmukh & Ashutosh Mishra, Advocates for the Applicant & Respondent No.1. Mr. Akash Menon, a/w Kalash Bakliwal, Advocates for Original Petitioner-RGPPL.
CORAM
: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.
DATE : MAY 08, 2024 PC :
1.
The above application has been made by the Applicant [the Deputy Commissioner of Customs (Import-I)] seeking an extension of time granted by the order dated 5th April, 2024, passed in the above Writ Petition. The operative part of the order dated 5th April, 2024 reads thus:
Digitally signed by ASHWINI JANARDAN VALLAKATI Date:
2024.05.09 10:48:28 +0530 ASHWINI JANARDAN VALLAKATI
"ORDER (i) Let the bank guarantee in question be extended by the petitioner for a period of one month from today;
(ii) The Assistant Commissioner/Original Authority shall hear the parties, namely, petitioner and respondent no. 2 on the issue of furnishing/extension of bank guarantee and after considering the rival contentions, pass an appropriate order in accordance with law. Let such decision be taken within a period of four weeks from today.
(iii) All contentions of the parties in that regard are expressly kept open.
(iv) Our aforesaid directions would not preclude the Assistant Commissioner from deciding the entire proceedings in remand, if he so feels appropriate. (v) As the imports in question are of the year 2012, the issues ought not be delayed any further." 2.
Having heard the learned Counsel appearing for the Applicant as well as the learned Advocate appearing on behalf of the original Petitioner, we extend the time for keeping the bank guarantee alive for a period of four weeks from today, as well as for the Assistant Commissioner/Original Authority to pass an order within four weeks from today as contemplated in paragraph (ii) of the operative part of the order dated 5th April, 2024.
3.
The Interim Application is disposed of in the aforesaid terms.
However, there shall be no order as to costs. 4.
Personal Assistant of this Court. All concerned will act on production by [ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]