Tribunal sets deadlines for notice and reply. Request to restrain disposal of goods declined. Next hearing on 15/07/2019. The tribunal directed the applicant to serve notice and file a reply affidavit within 7 days. The request to restrain the respondent from disposing of ...
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Tribunal sets deadlines for notice and reply. Request to restrain disposal of goods declined. Next hearing on 15/07/2019.
The tribunal directed the applicant to serve notice and file a reply affidavit within 7 days. The request to restrain the respondent from disposing of goods was declined, citing uncertainty in the current status quo with Customs Authorities seeking time to reply. No status quo order was passed, and pending applications will be considered at the next hearing scheduled for 15/07/2019.
Issues Involved: 1. Service of notice to respondents and filing of reply affidavit by Customs Authority. 2. Request for restraining respondent from disposing of goods belonging to the Corporate Debtor (CD). 3. Decision on passing a status quo order.
Analysis: 1. The counsel for the applicant has filed an affidavit of service proving the service of notice to the respondents. The Deputy Commissioner of Customs sought time to file a reply affidavit, stating that no copy of the application was served upon the respondent. The tribunal directed the applicant to serve a copy to the respondent and file a reply within 7 days. A rejoinder, if any, is to be filed within 7 days of receiving the reply affidavit.
2. The counsel for the applicant requested that the respondent be restrained from disposing of goods belonging to the CD allegedly in its custody. The tribunal, after hearing both sides, declined to pass a status quo order as requested. This decision was based on the Customs Authorities entering appearance and seeking time to file a reply affidavit, making the current status quo uncertain.
3. The tribunal decided not to pass a status quo order due to the uncertainty of the current situation. Any pending interim applications are to be listed along with this case for consideration. The next hearing is scheduled for 15/07/2019 to further address the issues at hand and any pending applications.
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