SHC dismisses miscellaneous application by Ware House company, Show Cause is an “action” holds SHC

KARACHI: AN applicant/plaintiff shall be vigilant to act well within time and in case of failure has to face its repercussions.

This was the list of an order passed by a single judge bench of High Court of Sindh hearing a suit filed by Akber Ali & Company (Pvt) Ltd which was providing ware housing under a license from Pakistan Customs.

Ishrat Zahid Alvi appearing for the plaintiff company argued three applications seeking different reliefs  the prime being restraining the customs from interfering in in-bonding and ex-bonding services under an expired license.

Khalid Rajpar advocate represented  Model Custom Collectorate (MCC Appraisement-West) who opposed the applications maintaining that plaintiff failed in acting as per requirement of the license agreement and rules.

The bench perused the case papers and find out that license remained in operation till 31-1-2020 after having been revived/revitalized. It was also noted that certain violations took placed at the said Warehouse which resulted in issuance of Notice of Suspension under section 12 (4) of Customs Act and Rule 345 of the Customs Rules 2001.

The bench also noted that as per rules, a license holder shall apply for renewal before expiry of the license failure of which condition is not curable. The bench disagreed with the contention of counsel for plaintiff company that show cause is not an “action” and held that for all legal purposes, issuance of a Notice would amount to an action pending under the Act (Customs Act 1969).

“As to irreparable losses that too are solely attributable to the acts of the Plaintiff who was neither vigilant in reviving its license nor having the show cause adjudicated in accordance with  law”, the bench held dismissing the applications of the plaintiff.

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