KARACHI: Justice Babar Sattar of Islamabad High Court restrained the customs department from coercive recovery of Anti Dumping Duty upon imported Yarn while hearing a writ petition filed by Zaina Clothing’s (Pvt) Ltd.
The petitioner was represented by Aneel Zia Advocate assisted by Mohammad Aslam Advocate who submitted that an appeal along with a stay application against impugned preliminary determination notice was filed before the Anti-dumping Tribunal of Pakistan on 10.12.2024, however no order was passed in relation to the appeal or stay application so far. The counsel expressed apprehension that during pendency of appeal respondent may take coercive action for recovery of demand generated through the impugned preliminary notice.
Aneel Zia Advocate relying on a number of case laws contended that it is a settled law that a liability created by a department or agency is ought to be adjudicated by at least one forum outside the hierarchy of such department or agency before coercive action is taken.
The IHC single judge reached to the conclusion that in instant matter, the adjudication of appeal has been delayed without any fault of the petitioner. The bench then restrained the department from taking any coercive action against the petitioner till decision in appeal or stay application which-ever is earlier. The bench with above order disposed of the writ petition.