M/S. Uniyal Cargo Movers Pvt. Ltd. v. Commissioner Of Customs (General)

1 of 2 WP.2982.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2982 OF 2015 M/s.Uniyal Cargo Movers Pvt.Ltd.

Petitioner versus Commissioner of Customs (General) Respondent Mr.Turan Garg for Petitioner.

Mr.Pradeep s. Jetly for Respondent.

CORAM : S.C.DHARMADHIKARI AND G.S.PATEL, JJ.

DATE : 25 January 2016 PC :

1.

After the earlier order it has been brought to our notice that the Customs, Excise and Service Tax Appellate Tribunal, Principal Bench, has set aside the order-in-original of the parent Commissionerate namely that of the Commissioner of Customs (General), New Delhi, dated 13 February 2015. Once that order is set aside and it is held that revocation of Petitioner's license is not sustainable, then we are of the view that nothing survives in the writ petition for adjudication. Rejoinder affidavit of the Petitioner accepts this position as well and the Petitioner rather relies upon this order.

2 of 2 WP.2982.2015 2.

Once the parent Commissioner's order has been set aside, then the Petitioner can apply to the Commissionerate at Mumbai for restoration of his license and if such an application is made, that application be duly considered and appropriate directions be issued thereon within two weeks from the date of receipt of such application. Barring this relief, no other relief is sought nor any further directions are necessary. 3.

The writ petition is, therefore, disposed of with above directions. No order as to costs.

(G.S.PATEL, J.) (S.C.DHARMADHIKARI, J.) MST