ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-171 of 2020

___________________________________________________________ Date Order with signature of Judge

___________________________________________________________

Priority Case:

1. For hearing of CMA No.726/2020.

2. For hearing of main case.

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19^th February 2020

Rana Sakhavat Ali, Advocate for Petitioner.

Mr. Muhammad Bilal Bhatti, Advocate for Respondent No.4.

Mr. Muhammad Aminullah Siddiqui, Asst. Attorney General.

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Pursuant to Court’s Notice, Mr. Muhammad Rashid Arfi, Advocate has shown appearance, files vakalatnama on behalf of the respondent No.3 and requests for time to file comments.

Learned counsel for the petitioner, however, submits that purpose of filing instant petition has been served out as the provisional release of the subject consignment has been allowed by the Department subject to securing the disputed amount of duty and taxes before the concerned Collectorate in the shape of pay order/bank guarantee, therefore, requests that instant petition may be disposed of with the direction to the respondents not to encash the pay order/bank guarantee deposited by the petitioner before the concerned Collectorate till final decision by the Director General (Valuation) on the application filed by the petitioner under Section 25D of the Customs Act, 1969. In support of his contention, learned counsel for the petitioner has placed on record copy of order dated 22.01.2020 passed by this Court in C.P. No.D-8268/2019 in the case of M/s. 3A Pakistan vs. Federation of Pakistan and others.

Both the learned counsel for the respondents as well as learned Asst. Attorney General do not oppose such disposal of instant petition in view of earlier orders already passed by this Court in similar petitions.

Accordingly, by consent, instant petition is being disposed of with the directions to the respondents not to encash the pay order/bank guarantee furnished by the petitioner in respect of Valuation Ruling Nos.1400 to 1403/2019 dated 30.10.2019, while seeking provisional release of the consignment in the instant case, till final decision by the Director General (Valuation) on the application filed by the petitioner under Section 25D of the Customs Act, 1969, whereas, it is expected that Director General (Valuation) may decide the same in accordance with law by associating all the stakeholders, preferably, within a period of two months from the date of this order.

Petition stands disposed of in the above terms along with listed application.

J U D G E