ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-4870 of 2020

___________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.20717/2019 (Urgent).

2. For order on office objection No.18.

3. For order on CMA No.20718/2019 (Exemption).

4. For order on CMA No.20719/2019 (Stay).

5. For hearing of main case.

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7^th October 2020

Mr. Taimoor Ahmed Qureshi, Advocate for Petitioners.

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1. Urgency granted.

2. Deferred for the time being.

3. Exemption granted subject to all just exceptions.

4&5. Learned counsel for the petitioners submits that against Order-in-Original No.50 of 2020 dated 02.06.2020, petitioner has filed an appeal before Customs Appellate Tribunal, Karachi, however, since Customs Appellate Tribunal is not functional in view of non-availability of judicial or technical member(s) no order has been passed thereon, whereas, respondents intend to auction seized consignment of petitioners, which has been mentioned at Lot No.234/2019 as per notice of auction available at page 57 of the Court’s file, which is scheduled to be held tomorrow i.e. on 08.10.2020. It has been prayed by learned counsel for petitioners that respondents may be restrained from putting petitioners’ consignment to auction till final decision of the appeal pending before Customs Appellate Tribunal, Karachi.

Let pre-admission notice be issued to the respondents as well as D.A.G. for 22.10.2020, to be served through first three modes, when comments, if any, shall be filed with advance copy to learned counsel for petitioners. However, till next date of hearing, respondents shall not put petitioners’ consignment, as referred hereinabove, to auction.

Learned counsel for the petitioners submits that since the time is very short for auction proceedings, therefore, notice of instant petition alongwith copy of this order may be delivered to him cover-in-hand, which will be sent and/or communicated to the concerned authorities. Order accordingly.

J U D G E