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M/s Malawi Enterprises approaches SHC seeking restraining order for auctioning of fabric

M/s Malawi Enterprises approaches SHC seeking restraining order for auctioning of fabric

KARACHI: Muhammad Shariq, proprietor of M/s Malawi Enterprises approached the Sindh High Court (SHC) seeking restraining order for auctioning of alleged Indian Origin fabric.

On 9 March 2020, counsel for the petitioner argued in his constitutional petition that during adjudication and without any order in field, the goods of the petitioner are being auctioned, meaning thereby that it has been decided before hearing that the goods will be confiscated, auctioned to some interested party thus depriving the petitioner of his duty paid consignment.

He submitted that even if the alleged cloth is of Indian origin, it cannot be auction without going through the process of adjudication and under import policy order, 2016 of the goods are of Indian origin and cannot be sole/ auction as the protection has to be given to the local industry.

He said that it is a ministry that the goods which are duty paid having under gone the process of examination and assessment can be auction without being confiscated after given a proper opportunity of being heard to the petitioner.

Counsel further argued that petitioner has no way to compile the respondents to act accordance with law except by way of this petition.

Citing Appraisement West, assistant collector (Adjudication) West and chairman FBR as respondents, petitioner pleaded the court to order that the duty paid consignment of the petitioner be released ad direct the respondents to handover the consignment in respect of which the duty has been charged and paid by the petitioner and while passing such order the court be graciously pleased to restrain the respondents or any one representing through them for auctioning the consignment of the petitioner.