M/S. Twenty First Century Wire Rods Ltd., v. The Commissioner Of Customs.
IN THE HIGH COURT OF BOMBAY AT GOA
MISC.CIVIL APPLICATION NO. 182 OF 2016 IN CUSTOM APPEAL NO. 1 OF 2014 M/S. TWENTY FIRST CENTURY WIRE RODS LTD., ... Applicant
Versus
THE COMMISSIONER OF CUSTOMS.
... Respondent Mr. Hanumant D. Naik, Advocate for the applicant. Mr. C. A. Fereira, Advocate for the respondent. Coram:- F. M. REIS & K. L. WADANE, JJ.
Date:- 24th February, 2016 P.C.:
Heard Mr. H.D. Naik, learned Counsel appearing for the applicant and Mr. C. A. Fereira, learned Advocate appearing for the respondent.
2. This is an application for extension of time to comply with the order passed by this Court on 18th November, 2015 to furnish the Bank Guarantee.
3. Mr. H. D. Naik, learned Counsel appearing for the applicant points out that on account of financial difficulties, the applicants were not in a position to furnish such bank guarantee. Mr. C. A. Fereira, learned Counsel appearing for the respondent opposes
MCA/182/2016 such request as, according to him, umpteen opportunities were given to the applicants to furnish such Bank Guarantee.
4. We do not appreciate the conduct of the applicants in seeking such successive extensions on the same ground, but, however, Mr. Naik, learned Counsel appearing for the applicant has persuaded us by submitting that in case no extension is granted, the appeal preferred by the applicants itself would be dismissed.
5. Hence, in the peculiar facts and circumstances of the case, we extend the time to comply with the directions issued by this Court to furnish the Bank Guarantee in terms of the order dated 18/11/2015, by four weeks as a last chance, subject to the applicants' paying costs of Rs.5,000/- to the State Legal Services Authority, within two weeks from today. It is made clear that no further extension would be granted to the applicants to comply with such directions and in default thereof, consequences in law to follow.
6. The application stands disposed of accordingly. K. L. WADANE, J.
F. M. REIS, J.
ssm.