Kerala High Court
M/S Arabian Couriers vs The Commissioner Of Customs ... on 15 November, 2024
Author: P Gopinath
Bench: P Gopinath
WP(C) No.40334/2024 1/3 Order Date : 15-11-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946
WP(C) NO. 40334 OF 2024
PETITIONER(S):
1. M/S. ARABIAN COURIERS, AGED 53 YEARS, TC NO.31/98, NEAR KSEB,
CHAKKAI, PETTAH P.O., THIRUVANANTHAPURAM-695024 REPRESENTED BY ITS
PROPRIETOR M. MOHAMMED REJI, S/O. MYTHEEN KUNJU, R/O. ARIF MANZIL,
SRP MARKET P.O., KARUNAGAPALLY, KOLLAM, PIN-695024
2. M/S. SKYWAY COURIER SERVICES, AGED 52 YEARS, KRISHNA BHAVAN,
THUNDATHIL, CHENKOTTUKONAM, TRIVANDRUM-695581 REPRESENTED BY ITS
PROPRIETOR SHRI. K. LALKUMAR, KRISHNA BHAVAN, THUNDATHIL,
CHENKOTTUKONAM, TRIVANDRUM, PIN-695581
RESPONDENT(S):
1. THE COMMISSIONER OF CUSTOMS(PREVENTIVE), 5TH FLOOR, CATHOLIC CENTRE,
BROADWAY, COCHIN, PIN-682031
2. COMMISSIONER OF CUSTOMS, CENTRAL EXCISE AND CUSTOMS & SERVICE TAX,
T.C. NO.26/34, PRESS CLUB ROAD, I C E BHAVAN, THIRUVANANTHAPURAM,
PIN-695001
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 respondent to stay the entire proceedings as per
Exhibit P-1 & P-2 on any condition as deemed fit and proper by this
Hon'ble Court pending disposal of this Writ Petition in the interest of
justice.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. M.A. BABY, MEENAKSHY PARVATHY & ASHOK K.S., Advocates for the
petitioners the court passed the following:
WP(C) No.40334/2024 2/3 Order Date : 15-11-2024
GOPINATH P., J.
========================
W.P (C) No.40334 of 2024
========================
Dated this the 15th day of November, 2024
ORDER
Admit.
The learned Standing Counsel takes notice for the
respondents.
In the light of the order passed in W.P(C)No.17272/2024,
there will be an interim order directing that while the adjudication
of Exts.P1 and P2 show cause notices in terms of the directions
issued by the Customs, Excise and Service Tax Appellate Tribunal
in Ext.P7 order may continue, the 1st respondent shall not pass final
orders for a period of one month.
Post along with W.P(C)No.17272/2024 on 16.11.2024.
Sd/-
GOPINATH P.
JUDGE
DK
WP(C) No.40334/2024 3/3 Order Date : 15-11-2024
APPENDIX OF WP(C) 40334/2024
Exhibit P-1 TRUE COPY OF THE SCN NO. 12/2013 VIDE
F.NO.VIII/10/12/2013 CUS-ADJ/6818 DATED 12.07.2013
Exhibit P-2 TRUE COPY OF THE SCN NO. 06/2013 VIDE F.NO.VIII/10/06/
2013 CUS-ADJ/3227 DATED 27.03.2013
Exhibit P-3 TRUE COPY OF THE REPLY TO SCN OF FIRST PETITIONER DATED
02.09.2013
Exhibit P-4 TRUE COPY OF THE REPLY TO SCN OF SECOND PETITIONER
DATED 08.05.2013
Exhibit P-5 TRUE COPY OF THE ORDER-IN-ORIGINAL NO. TVM-EXCUS-000-
COM-13-13-14 DATED 02.01.2014 ISSUED TO THE FIRST
PETITIONER
Exhibit P-6 TRUE COPY OF THE ORDER-IN-ORIGINAL NO. TVM-EXCUS-000-
COM-011-13-14 DATED 02.01.2014 ISSUED TO THE SECOND
PETITIONER
Exhibit P-7 TRUE COPY OF THE COMMON FINAL ORDER 12.02.2015 IN
CUSTOMS APPEAL NO.C/21194/2014-DB AND CUSTOMS APPEAL
NO.C/21209/2014-DB
Exhibit P-8 TRUE COPY OF THE JUDGMENT DATED 10.04.2015 IN W.P (C)
Exhibit P-9 TRUE COPY OF THE LETTER DATED 13.10.2023
Exhibit P-10 TRUE COPY OF THE LETTER DATED 11.03.2024
Exhibit P-11 TRUE COPY OF THE LETTER C.NO. VIII/10/12/ 2013 CUS ADJ
DATED 10.10.2024 ISSUED TO THE FIRST PETITIONER
Exhibit P-12 TRUE COPY OF THE LETTER C.NO. VIII/10/6/2013 CUS ADJ
DATED 10.10.2024 ISSUED TO THE SECOND PETITIONER
Exhibit P-13 TRUE COPY OF THE LETTER DATED 21.10.2024 SUBMITTED TO
THE RESPONDENT
