The Principal Commissioner Of ... vs Phonex Logistics Private Ltd. And ...
2021 Latest Caselaw 6557 Cal

22.12.2021
 KC(5)
                              M.A.T. 1344 of 2021
                  The Principal Commissioner of Customs (Port)
                                   -versus-
                     Phonex Logistics Private Ltd. and Ors.
                                      With
                                 CAN 1 of 2021



             Mr. Bhaskar Prasad Banerjee,
             Mr. Tapan Bhanja...................For the appellant./


             Mr. J.P. Khaitan,
             Mr. Mr. K. Thaker,
             Ms. Sanjukta Gupta,
             Mr. Sushovit Dutt Majumdar,
             Mr. Manoj Kumar Tiwari,
             Md. Adil Badr,
             Ms. Mini Agarwal,
             Mr. Sobhan Gani,
             Md. Aqib Badr,
             Mr. Prakash Mishra ...................For the respondents/

writ petitioners.

We admit this appeal.

Upon hearing Mr. Banerjee, learned advocate for

the appellant and Mr. Khaitan, learned senior advocate

for the respondent/writ petitioners, we propose to

dispose of this appeal today itself, after dispensing with

all formalities.

Mr. Khaitan states that in terms of the impugned

order dated 13th December, 2021, his client has already

filed a representation on 15th December, 2021 before

the Commissioner of Customs (Port) within time. The

impugned order gave ten days' time to pass a reasoned

order which expires on 25th December, 2021.

We clarify the impugned order by stating that the

Commissioner of Customs (Port) in his reasoned order

shall examine the issue of suspension of the

respondent/writ petitioners afresh, without in any way

being influenced by the impugned suspension order and

shall take a considered decision whether to affirm the

said suspension or to revoke it. Such decision is to be

taken by 27th December, 2021, 25th and 26th being

public holidays.

Copies of the decision made by the Commissioner

shall be immediately made over to the parties.

The respondent/writ petitioners shall include the

same in a supplementary affidavit to be filed before the

learned trial court on the returnable date of the writ

application.

Mr. Khaitan also states that as of today the

appellant authorities are allowing his clients clearance

of import/export of container/cargo which have already

entered into the CFS up to 10th December, 2021.

We prepone the returnable date of the writ

application from 4th January, 2022 to the first day of

the sitting of the vacation bench for the Christmas

holidays, to be listed before the learned single judge

having jurisdiction, at the top, as a "Motion".

The decision of the Commissioner shall be placed

before the learned judge, with all points kept open.

Till this court is in a position to consider the

decision of the Commissioner, status quo regarding the

business of the respondent/writ petitioners, as stated

above, shall be maintained by the appellant authorities.

Continuance or revocation of the suspension shall be

decided by the learned single judge on the returnable

date of the motion after examining the order of the

Commissioner.

The impugned judgment and order is modified to

the extent, as above.

The appeal (M.A.T. 1344 of 2021) and the

connected application (CAN 1 of 2021) are disposed of.

(I.P. MUKERJI, J.)

(ANIRUDDHA ROY, J.)