This judgment will dispose of two writ petitions WP No.5122 of 1988 and W.P. No. 5124 of 1988 filed by Taj Textile Mills (Pvt.) Limited, petitioner, and two writ petitions W.P. No.5636 of 1988 and W.P. No.5910 of 1988 filed by A.A. Textile Mills Limited, petitioner, challenging the levy of surcharge and Iqra surcharge on goods imported by them and a writ petition W.P. No.5123 of 1988 filed by Taj Textile Mills (Pvt.) Limited, petitioner, challenging the levy of surcharge, Iqra surcharge and 20n'o customs duty on goods imported by it.
2. The above five cases were admitted on different dates and in terms of the interim orders passed by this Court in these cases, the goods were permitted to be released on furnishing of Bank guarantees. Since in four of these cases six months have passed by since the interim orders were passed, the Customs have taken steps to call in the Bank guarantee; and in the fifth case six months have yet to pass by, but the petitioner apprehends that no sooner the period is completed the Customs will take steps to call in the Bank guarantee. In these circumstances: all the petitioners, desire that their writ petitions be disposed of in terms of the judgments of this Court passed in the writ petition of Lahore Textile and General Mills Limited v. Islamic Republic of Pakistan PLD 1988 Lah.461 and Arshad Textile Mills Limited v. Islamic Republic of Pakistan PLD 1988 Lah.533 without prejudice to their rights of moving the Supreme Court of Pakistan to claim the same relief pressed by them in their writ petitions.
3. These writ petitions challenge the levy of surcharge and Iqra surcharge and 20% customs duty levied by the respondents on the goods imported by the petitioners. The matter regarding surcharge and Iqra surcharge has already been decided by this Court in the case of Lahore Textile and General Mills v. Islamic Republic of Pakistan (Supra) and the matter regarding 20% customs duty in respect of ring spinning frames (which are already manufactured in Pakistan) has also been dealt with by this Court in the case of Arshad Textile Mills Limited v. Islamic Republic of Pakistan (Supra) in terms of these judgments, the respondents are entitled to claim surcharge, Iqra surcharge and 20% customs duty.
For the foregoing reasons, there is no merit in these five writ petitions which are dismissed with costs. The counsel's fee is fixed at Rupees Two Thousand (Rs.2000) in each case. The respondents shall be entitled to the counsel's fee in each case.
H.B.T/T-72/L