Petition Accepted Based on Similarity to Previous Case; Consignment Clearance Ordered Within a Week Under Same Terms. The HC admitted the petition due to its factual similarity with a previously admitted writ petition. The respondents waived service, and the petition was ...
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Petition Accepted Based on Similarity to Previous Case; Consignment Clearance Ordered Within a Week Under Same Terms.
The HC admitted the petition due to its factual similarity with a previously admitted writ petition. The respondents waived service, and the petition was accepted. The Court recognized the petitioners' application for an Import Permit as an undertaking and directed the respondents to clear the consignment within a week, under the same terms as the prior case. An interim order was issued, aligning with the prayer clause, and the matter was scheduled for a joint hearing with the earlier writ petition. The clearance order was granted without prejudice to the parties' rights and contentions in the affidavit in reply.
Issues Involved: Admission of petition similar to another writ petition, application for issuance of Import Permit, clearance of consignment, interim order.
Admission of Petition: The High Court admitted the present petition as the facts were similar to another writ petition that had been previously admitted. The Court noted that the previous writ petition had been admitted for certain reasons and, based on the similarities in facts, the present petition deserved admission as well. The respondents waived service, and the petition was admitted.
Application for Issuance of Import Permit: The petitioners' counsel informed the Court that an application for an Import Permit had already been submitted. The Court accepted this statement as an undertaking. The respondents were directed to allow the consignment to be cleared within a week from the production of the application. The clearance was to be on the same terms and conditions as specified in the previous case, without prejudice to the rights and contentions in the affidavit in reply.
Clearance of Consignment: Upon the production of the application for the Import Permit, the respondents were ordered to allow the consignment to be cleared within one week. The clearance was to be in accordance with the terms and conditions outlined in the previous case. This clearance was directed without prejudice to the rights and contentions of the parties in the affidavit in reply.
Interim Order: Subject to the specified conditions, the Court issued an interim order in terms of the prayer clause. The matter was scheduled to be heard along with the previously admitted writ petition. The interim order was granted based on the conditions set out in the judgment, ensuring compliance with the terms and conditions specified for the clearance of the consignment.
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