COMMISSIONER OF CUSTOMS Vs. DIVINE INTERNATIONAL

JUDGEMENT

(1.) Respondent/Appellant-Customs Department is before us aggrieved by the interim order dated 19-3-2012 in W.P.(C). No. 784 of 2012 of the learned Single Judge. The present respondent/writ petitioner approached the learned Single Judge seeking interim direction for release of the goods on payment of redemption fine and penalty. If the petitioner complies with the same, the respondent is bound to release the goods. According to the appellant-Department, the matter pertains to e-waste and it is going to have a serious impact on the environment. However, we need not go into the said dispute, as the learned Counsel representing the respondent/writ petitioner submits, in the appeal pending before the Customs Excise and Service Tax Appellate Tribunal all these issues will be gone into and he has no objection in setting aside the interim order of the learned Single Judge. Accordingly, order dated 19-3-2012 in W.P.(C). No. 6079 of 2012 of the learned Single Judge is set aside. The parties are directed to approach the Customs Excise and Service Tax Appellate Tribunal, where the appeal is pending and the Tribunal shall dispose of the same within three months from the date of receipt of a copy of this judgment.

(2.) The Writ Appeal is allowed as indicated above.