KARACHI: A second contempt of court application filed by China Textile & Blanket Industry, Peshawar was dismissed by a Constitutional bench of High Court of Sindh comprising Justice Agha Faisal and Justice Abdul Mobeen Lakho.
The Additional Collector of Customs, Appraisement West and other senior officials were respondents in the application while existence of first contempt application and proceedings therein were suppressed by the applicant/Petitioner.
Khaild Mehmood Rajpar Advocate appeared for the alleged contemnors and submitted that order passed by the SHC to decide the application of the petitioner was complied with and compliance report was also submitted. The matter is still pending and despite such position, the applicant/Petitioner filed second application alleging contempt of court suppressing the material facts.
It was also contended that the Petitioner has moved the Islamabad High Court and therefore cannot avail remedy from two different High Courts. Submitting a reply from Mrs. Khalid Mehmood Rajpar submitted that in view of such position, Sindh High Court has lost jurisdiction.
The constitutional bench after hearing the counsel of applicant and counsel for alleged contemnors Custom Officers dismissed the application.
China Textile Curtain& Blanket Industry has filed petition seeking amendment in IGM in respect of 28 consignments which were originally imported by Premium Textile Blanket Industry, Bara Bazar, District Khyber (KPK) which faces FIR and other cases on alleged charge of abuse of Import Policy.
During hearing of first contempt application hearing counsel for the petitioner/applicant submitted that a review application has been allowed and customs is bound to amend the IGM in favor of the applicant under said order which is being flouted hence contempt is made out.
Khalid Mehmood Rajper Advocate, counsel for MCC West contested and said applicant/Petitioner was given a number of chance to submit requisite documents but they have failed to do so. He further submitted that the order passed in review application has been complied with and request for amendment in IGM has been rejected on the basis of a well reasoned order.
The applicant/petitioner company is accused of misusing specific concessions and causing huge loss in duty and taxes.