ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-4558 of 2016

___________________________________________________________                                        Date                            Order with signature of Judge 

___________________________________________________________

Priority Case:

1. For order on office objections NO.1&3.

2. For hearing of CMA No.22605/2016.

3. For hearing of main case.

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18.09.2018

Mr. Kashif Nazeer, Advocate for Petitioner.

Mr. Meer Hussain Abbasi, Asst. Attorney General.

Mr. Ameer Bux Metlo, Advocate for Respondent.

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            When confronted as to maintainability of instant petition in view of jurisdiction of this Court, as the matter pertains to the Collectorate of Customs MCC Gwadar, Customs House, Gaddani, learned counsel for the petitioner does not press instant petition, however, requests that the Bench of Custom Appellate Tribunal may be directed to decide the Appeal No.G-1656/2016 filed by the petitioner at an early date and may also be directed to consider petitioner’s request for grant of restraining order against the customs authorities, who are bent upon to auction the consignment of the petitioner, which is presently lying into bond of Customs.

            Learned counsel for respondent and learned Asst. Attorney General do not oppose disposal of instant petition in above terms.

Accordingly, instant petition is dismissed as not pressed alongwith listed application. However, petitioner will be at liberty to approach the concerned Bench of the Custom Appellate Tribunal by filing an urgent application seeking restraining order in the aforesaid appeal, which request may be considered and decided by the Appellate Tribunal in accordance with law. It is expected that appropriate orders may be passed by the tribunal after hearing both the parties, preferably, within a period of four weeks from the date of receipt of this order, which shall be communicated by the petitioner to the concerned Bench within seven days. Respondents may not take any coercive action against the petitioner in the instant matter before expiry of the aforesaid period of four weeks so that petitioner may be in a position to seek appropriate remedy from the competent forum in this regard.

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

J U D G E

J U D G E