ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-5794 of 2015

___________________________________________________________                                        Date                            Order with signature of Judge 

___________________________________________________________

Priority Case:

1. For hearing of CMA No.29474/2015.

2. For hearing of main case.

            -----------

1^st November 2019

Mr. Darvesh K. Mandhan, Advocate for Petitioner.

Ms. Lubna Pervez, D.A.G.

Ms. Masooda Siraj, Advocate for Respondent.

-*-*-*-*-*-

Learned counsel for the petitioner submits that the purpose of filing instant petition has been served out, as the provisional release of petitioner’s consignment has been allowed pursuant to the Court’s order dated 21.09.2015, whereas, the petitioner has secured disputed amount of duties and taxes in the shape of pay order/bank guarantee before the Nazir of this Court, hence requests that instant petition may be disposed of in terms of the earlier order already passed by this Court in similar petitions including C.P. No.D-3495/2015 and other connected petitions, whereby, the said petition had been disposed of with the directions to the concerned Bench of Custom Appellate Tribunal to decide the appeal of petitioner within thirty (30) days, whereas, in case of dismissal of such appeal Nazir has been directed to release disputed amount in favour of customs authorities and in case, such appeal is allowed in favour of the petitioner, then such amount has been directed to be released in favour of the petitioner. Learned counsel for the respondent as well as D.A.G. do not oppose the disposal of instant petition in above terms.

Accordingly, instant petition is disposed of with the directions to the petitioner to approach the concerned Bench of Custom Appellate Tribunal by moving urgent application, who may consider the same in accordance with law and may decide the appeal of petitioner at an early, preferably, within a period of two (2) months from the date of receipt of this order, which shall be communicated by the petitioner to the concerned Bench within seven (7) days alongwith urgent application. It is, however, clarified that the amount deposited before the Nazir of this Court will be released in favour of the party, who may succeed in the appeal pending before the Bench of Customs Appellate Tribunal within seven (7) days on production of such appellate order before the Nazir of this Court. 

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

J U D G E

J U D G E