ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-2530 of 2020

___________________________________________________________ Date Order with signature of Judge

___________________________________________________________

Priority Case:

1. For hearing of CMA No.11393/2020.

2. For hearing of main case.

(Notice issued)

-----------

Friday, 29^th May 2020

Mr. Imran Iqbal Khan, Advocate for Petitioner.

Mr. Muhammad Aminullah Siddiqui, Asst. Attorney General.

-*-*-*-*-*-

Pursuant to Court’s Notice, Mr. Inayat Hussain, Advocate has shown appearance, undertakes to file vakalatnama of Mr. Muhammad Bilal Bhatti on behalf of the respondent No.2 and requests for time to file comments. Learned Asst. Attorney General also requests for time to seek instructions and to file comments.

Learned counsel for the petitioner, however, submits that purpose of filing instant petition has been served out as the provisional release of the subject consignment has been allowed by the Department subject to securing the disputed amount of duty and taxes before the concerned Collectorate in the shape of pay order / bank guarantee, therefore, requests that instant petition may be disposed of with the direction to the respondents not to encash the pay order / bank guarantee deposited by the petitioner before the concerned Collectorate till final decision by the Director (Valuation) on the application filed by the petitioner under section 25A of the Customs Act, 1969. In support of his contention, learned counsel for the petitioner has placed on record a copy of order dated 14.02.2020 passed by this Court in C.P. No.D-465 of 2020 in the case of M/s. Bashir Sons vs. Federation of Pakistan and others.

Learned counsel for the respondent No.2 as well as learned Asst. Attorney General do not oppose such disposal of instant petition in view of the earlier orders already passed by this Court in similar petitions.

Accordingly, by consent, instant petition is being disposed of with the directions to the respondents not to encash the pay order / bank guaranteed furnished by the petitioner in respect of the Valuation Ruling No.1435/2019 dated 13.12.2019 while seeking provisional release of the consignment in the instant case till final decision by the Director (Valuation) on the application filed by the petitioner under section 25A of the Customs Act, 1969, whereas, it is expected that Director (Valuation) may decide the same in accordance with law by associating all the stakeholders, preferably, within a period of two months from the date of receipt of this order.

Petition stands disposed of in the above terms alongwith listed application.

J U D G E