KARACHI: A division bench of the Sindh High Court (SHC) directed the customs official to consider application of petitioner for provisional release of its imported consignment on surety of bank guarantee/ pay order.
On 1 September 2020, a two-member bench also issued notices to the customs official and directed them to file their respective para wise comments on next date of hearing.
During the hearing, counsel for the M/s Oro Industries submitted that an order in revision no 09/2020 dated March 09, 2020 passed by the respondent no 1 dismissing the revision application filed by the appellant whereby the valuation ruling 1047/ 2019 was upheld by the said respondent.
He further submitted that petitioner preferred an appeal before the customs appellate tribunal along with an application that petitioner be allowed to deposit the pay order of the differential amount and the grievance of the petitioner may be heard and whatever decision will be arrived at by the appellate tribunal shall be obeyed.
He argued that consignment of the petitioner comprising stationary items lying at the port and some consignments are in the pipeline and if an order under section 81 of the customs act, 1969 is not granted to the petitioner, the petitioner shall be out of business and will suffer a colossal financial loss resulting in total loss of business.
Citing DG valuation and director valuation as respondents, petitioner pleaded the court to allow the petitioner to deposit the postdated cheque of the differential amount before the Nazir of this court so that the petitioner be saved from the heavy demurrage and such deposit shall be subject to the final decision of the appeal by appellate forum.
He further pleaded the court to declare that unless is allowed as prayed and Nazir is directed to accept the postdated cheque of the differential amount, the petitioner shall be seriously prejudiced
