KARACHI: The Sindh High Court (SHC) restrained customs officials from any coercive action against M/s Indus Motor Company Limited for recovery of disputed amount which is subject matter or appeals pending before the customs appellate tribunal till next date of hearing.
On 30 September 2020 a two-member bench, also issued pre-admission notices to the customs officials and deputy attorney general directed them to file their para wise comments on next date of hearing.
During the hearing, Pervaiz Iqbal advocate appeared along with petitioner and argued that against order-in-original no 386 to 394 of 2019-2020 (manual 9 cases) dated Oct 10, 2019 passed by the collector of customs adjudication-II Customs House Karachi, petitioner has filed appeals along with stay applications before the customs appellate tribunal.
He further argued that however, since non-availability of chairman and judicial/ technical members, therefore, no order has been passed thereon and respondents are proceeding against the petitioner for recovery of disputed amount and there is apprehension that measures will be adopted against the petitioner.
Counsel submitted that respondents may be restrained form recovery of the impugned demand till final decision by the customs appellate tribunal either on the stay applications or on the main appeals, in view of earlier orders already passed by this court in similar petitions.
After the hearing, court observed in its order that “let pre-admission notice be issued to the respondents as well as DA, for a date to be fixed after two week, when comments if any, shall be filed before the next date of hearing, meanwhile, respondents, may not take any coercive action against the petitioner for recovery of the disputed amount, which is subject matter of appeals pending before the customs appellate tribunal, till next date”.
