| Case ID |
3a8d9dde-3499-4251-afb5-3911cbc15a12 |
| Body |
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| Case Number |
Suit No. 841 and C.M.As. Nos. 5840, 6275, 9290, 12 |
| Decision Date |
Nov 12, 2021 |
| Hearing Date |
Nov 12, 2021 |
| Decision |
The Sindh High Court dismissed the applications made by the plaintiff, H. Akber Ali Company (PVT.) LTD., regarding the revival and revalidation of their Warehousing License under the Customs Act, 1969. The court found that the plaintiff failed to apply for the revival of their license in a timely manner and did not demonstrate an arguable case for the injunction sought. The court noted that the plaintiff's business operations were halted due to their own inaction regarding the license and the issuance of a Show-Cause Notice against them. The balance of convenience did not favor the plaintiff, leading to the dismissal of their applications. |
| Summary |
In the case of H. Akber Ali Company (PVT.) LTD. vs. Federation of Pakistan, the Sindh High Court addressed the complexities surrounding the revival of a Warehousing License under the Customs Act, 1969. The plaintiff contended that their license should be revalidated after a suspension notice was issued due to alleged violations. However, the court highlighted that the plaintiff did not follow the required procedure for timely application for revival. This case emphasizes the importance of compliance with legal timelines and procedures established under the Customs Rules, 2001. The decision reinforces the principle that any delay in applying for license renewal can lead to significant legal consequences, including the inability to operate legally. The court's ruling reflects a strict interpretation of the law, particularly concerning actions pending against the licensee and the necessity for timely responses to regulatory notices. This case serves as a critical reference for businesses dealing with customs regulations and the need for vigilance in maintaining compliance to avoid operational disruptions. |
| Court |
Sindh High Court
|
| Entities Involved |
Federation of Pakistan,
H. Akber Ali Company (PVT.) LTD.
|
| Judges |
Zulfiqar Ahmad Khan
|
| Lawyers |
Ishrat Zahid Alvi,
Khalid Rajpar
|
| Petitioners |
H. Akber Ali Company (PVT.) LTD.
|
| Respondents |
Federation of Pakistan through Secretary Revenue Division and Others
|
| Citations |
2022 SLD 944,
2022 PTD 1370
|
| Other Citations |
Munshi Khan v. The State 1982 PCr.LJ 778 SC AJK rel.
|
| Laws Involved |
Customs Act, 1969,
Code of Civil Procedure of 1882,
Customs Rules, 2001
|
| Sections |
12,
217,
241,
O.XXXIX,Rr.12,
46,
345
|