Union Of India vs Union Of India
2021 Latest Caselaw 8692 Ker

WA 183/2021                           1/2

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                Present:
              THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                  &
                THE HONOURABLE MRS. JUSTICE M.R.ANITHA
               Tuesday,the 16th day of March 2021/25th Phalguna, 1942
                                  WA No.183/2021
     Against Judgment dated 29.08.2019 in WP(C) No.2981/2019 and Order dated
                        01.10.2020 in R.P. No.507/2020 in
                              WP(C) No.2981/2019
      For information purpose only
                                 of this Court.
                                      ---
APPELLANTS/RESPONDENTS 1 TO 4:
1.       UNION OF INDIA,REPRESENTED BY ITS SECRETARY,
         GOVERNMENT OF INDIA, MINISTRY OF FINANCE,
         DEPARTMENT OF REVENUE, (CENTRAL BOARD OF EXCISE AND
         CUSTOMS) NORTH BLOCK, NEW DELHI 110 001.
2.       CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS,
         GOVERNMENT OF INDIA, MINISTRY OF FINANCE,
         DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI 110 001,
         REPRESENTED BY ITS CHAIRMAN.
3.       COMMISSIONER OF CUSTOMS,
         CUSTOM HOUSE, COCHIN 682 009.
4.       DEPUTY COMMISSIONER OF CUSTOMS (REFUNDS AND DRAWBACK),
         CUSTOM HOUSE, COCHIN 682 009.

       BY SRI.P.R.SREEJITH, SENIOR STANDING COUNSEL

RESPONDENT/PETITIONER:
       G NXT POWER CORP,VYLASSERY ROAD,
       PALARIVATTOM P.O., COCHIN 682 025.
       REPRESENTED BY ITS MANAGING PARTNER HARISH KUMAR

  BY ADV. SRI.JOHN VARGHESE



      Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum the High Court be pleased to
stay the operation of the judgment dated 29.08.2019 in WP(C) No.2981/2019 (as
stood reviewed by Order dated 1.10.2020 in R.P.No.507/2020) of the Learned
Single Judge of this Hon'ble Court, in the interest of justice, pending final
disposal of the above Writ Appeal.

    This Writ Appeal coming on for admission on 16.03.2021 upon perusing the
appeal memorandum, the court on the same day passed the following:

                                                                      P.T.O.
              K.VINOD CHANDRAN & M.R.ANITHA, JJ.
          ----------------------------------------
                     W.A. No.183 of 2021
          ----------------------------------------
           Dated this the 16th day of March, 2021
                            O R D E R

K.Vinod Chandran, J.

For information purpose only C.M.Appln.No.1/2021

Adv.Sri.John Varghese appears for the

respondent. Having gone through the affidavit, we are

satisfied that there is sufficient reason shown for the

delay occasioned. Hence, delay condoned.

W.A.

Admit. Adv.Sri.John Varghese appears for the

respondent. The appeals posted together (W.A

Nos.182/2021, 183/2021 & 410/2021) arise from divergent

orders of two Single Benches. We are of the opinion that

the matter has to be heard finally.

In such circumstance, we grant interim stay for

a period of three months.

Post along with W.A Nos.182/2021 & 410/2021.

Sd/-

K. VINOD CHANDRAN, JUDGE

Sd/-

                                            M.R.ANITHA,    JUDGE
sp/16/03/2021




                              /true copy/     Sd/- ASSISTANT REGISTRAR