COLLECTOR OF CUSTOMS PREVENTIVE Vs. SHANTILAL KHIMRAJ KOTHARI

JUDGEMENT

(1.) THIS appeal is directed against the order of the Collector of Customs (Appeals) bearing No. S/49-193/87GC (BMY) dated 24-10-1988 whereby he has set aside the order-in-original No. 87/87(DC) dated 8-6-1987, has ordered issue of gold dealers licence to the respondent herein.

(2.) Before dealing with the matter, it may be clarified that pending appeal before us, the respondent in this matter filed a Writ Petition No. 3722 of 1988 in the High Court of Judicature at Bombay for an order directing the licensing authorities to issue the licence, pursuance of the order passed by the Collector of Customs (Appeals). In this matter, the Hon'ble High Court has granted rule and further directions to issue the licence by 31-1-1989 unless the order of the Collector (Appeals) is set aside by that time. The statement is made on behalf of the department that in pursuance to the directions issued by the High Court in the said Writ Petition the licence has already been issued. However, the same is made subject to the decision of the appeal.

(3.) SHRI D.H. Shah, the learned Advocate, appearing on behalf of the respondent, has also accepted the position and submitted that the appeal may be heard on merits and decided.