Pypye Tech Serv Pvt. Ltd vs Commissioner Of Customs
2021 Latest Caselaw 20891 Ker

WP(C) No.20266/2021                        1/3

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
            Wednesday, the 6th day of October 2021 / 14th Aswina, 1943
                            WP(C) NO. 20266 OF 2021(G)
   PETITIONER:

          PYPYE TECHSERV PVT. LTD 42, SUBHASH PARK, NEHRU NAGAR CIRCLE,
          AMBAWADI, AHMEDABAD -380 015, REPRESENTED BY ITS DIRECTOR, RAVINDRA
          CHANDRAKANTBHAI PATEL, AGED 36 YEARS, S/O. PATEL VAS AGALO, JODPUR
          GAM, SATELLITE, BESIDE RAMJI TEMPLE, AHMEDABAD CITY, AHMEDABAD
          MANEKBAG GUJRAT-380 015

   RESPONDENTS:

      1. COMMISSIONER OF CUSTOMS CUSTOM HOUSE, WILLINGTON ISALAND, COCHIN-682
         009
      2. JOINT COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, WILLINGTON ISALAND,
         COCHIN-682 009

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the respondents to allow provisional release of goods
   covered under Exhibit P3 order on any condition as deemed fit and proper
   by this Hon'ble Court.
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S P.A.AUGUSTIAN, JOVIT LOBO Advocates for the petitioner and of
   SRI.P.R.SREEJITH, Standing Counsel for the respondents, the court passed
   the following:
 WP(C) No.20266/2021                          2/3




                          BECHU KURIAN THOMAS, J.
                           ----------------------------------------
                               W.P.(C)No. 20266 of 2021
                           ----------------------------------------
                        Dated this the 6th day of October, 2021

                                        ORDER

Admit.

Adv. P.R.Sreejith, the learned Standing Counsel takes notice

on behalf of the respondents. I find from Exts. P5 and P6 that in

identical matters, this Court has already issued interim orders

granting relief to the petitioner in those cases.

Accordingly, there will be a direction to the respondents to

release the goods imported by petitioner within a period of seven

days, on condition that petitioner furnishes a bond without sureties

as stipulated in the decision in Commissioner of Customs v.

M/s. Parag Domestic Appliances [(2018) 361 ELT 221

(KER)].

Sd/-

                                                    BECHU KURIAN THOMAS
                                                              JUDGE
       AJ/06.10.2021




06-10-2021                     /True Copy/                            Assistant Registrar
 WP(C) No.20266/2021                 3/3

                       APPENDIX OF WP(C) 20266/2021
Exhibit P3            TRUE COPY OF THE ORDER -IN- ORIGINAL NO.132/2021 DATED
                      15.09.2021
Exhibit P5            TRUE COPY OF THE ORDER DATED 22.12.2020 IN WA NO.1763
                      OF 2020
Exhibit P6            TRUE COPY OF THE JUDGMENT DATED 12.08.2021 IN WPC
                      NO.16273/2021