IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 WA.No. 1019 of 2010 --------------------- AGAINST THE JUDGEMENT IN WPC.17144/2010 Dated 08/06/2010 .................... APPELLANT/RESPONDENT: ---------------------------- THE COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, WILLINGTON ISLAND, KOCHI -09. BY ADV. SRI.JOHN VARGHESE,SC,CEN.BOARD OF EXCISE RESPONDENT/PETITIONER: ------------------------------ ABDUL KAREEM POKKU, PALLATHUMKAL HOUSE, AJANUR P.O., KASARGOD. BY ADV. SRI.P.A.AUGUSTIAN SRI.T.R.JAGADEESH SRI.T.S.BIJU SMT.V.VIJITHA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA.No. 1019 of 2010 APPENDIX RESPONDENT'S EXHIBITS: ANNEXURE R1(A) : TRUE COPY OF THE MISCELLANEOUS ORDER No.219 DATED 07.04.2011. /TRUE COPY/ PA TO JUDGE J.Chelameswar, C.J. & Antony Dominic, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1019 of 2010 and I.A. No. 383 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of June, 2011 JUDGMENT Antony Dominic, J. The respondent herein had imported a Toyota Land Cruiser car through the Cochin Port. Pleadings show that the Joint Commissioner(Customs) passed an order dated 19.03.2009 ordering absolute confiscation of the vehicle and imposed a penalty on the respondent. 2. Aggrieved by the said order, the respondent filed an appeal before the Commissioner(Appeals) who modified the order. Although the respondent was willing to comply with the order, according to the respondent, the appellant was not willing to release the car. In the said circumstance the respondent filed W.P.(C) No.17144 of 2010 before this Court. In the said case, the learned Judge passed the impugned judgment dated 08.06.2010, the operative portion of which reads as follows: WA No.1019 of 2010 and I.A. No. 383 of 2011 -:2:- “3. The learned Senior Standing Counsel appearing for the Central Excise and Customs submits that the Department has a right of appeal against Ext.P3 order and they are contemplating filing of an appeal. Pending filing of appeal, the vehicle can not be released to the petitioner, is his contention. 4. I am not satisfied that the respondent can take his sweet time to file appeal and at the same time, keep the vehicle contrary to the direction in Ext.P3. If they want to keep detaining the vehicle, they should immediately file and obtain appropriate interim orders from the Tribunal, which he has not done in this case. In the above circumstances, this writ petition is disposed of with a direction to the respondent to release the vehicle on the petitioner complying with Ext.P3 order. The respondent shall inform the petitioner the duty payable by the petitioner within one week from today, which shall also be paid by the petitioner.” 3. It was aggrieved by the said judgment the appellant has filed this appeal. While admitting the appeal, this Court suspended the judgment by order dated 21.06.2010. 4. From the averments in I.A. No. 383 of 2011 filed by the respondent and from the submissions made by the counsel on both sides, it is now disclosed that both sides have filed appeals before the Customs, Excise and Service Tax Appellate Tribunal, Bangalore(Appeal Nos.1340 of 2010 and 1274 of 2010). It is also disclosed that the said appeals are pending WA No.1019 of 2010 and I.A. No. 383 of 2011 -:3:- consideration of the appellate Tribunal. 5. Now that both sides have filed appeals against the order of the Commissioner(Appeals) and the statutory appellate Tribunal is seized of the cases, all that is required is that the Tribunal shall hear the parties concerned and dispose of the appeals on merit. This shall be done as expeditiously as possible. It is directed that release of the vehicle mentioned above will depend upon the outcome of the appeals pending before the Tribunal. In view of the above, we set aside the judgment under appeal, i.e., judgment in W.P.(C) No.17144 of 2010 dated 08.06.2010 and the appeal is disposed of with the above directions. J.Chelameswar, Chief Justice. Antony Dominic, Judge. ttb WA No.1019 of 2010 and I.A. No. 383 of 2011 -:4:-