KARACHI: Lahore High Court has issued order for notice to respondents and Attorney General in case of Siwa Industries (Pvt.) Ltd. manufacturer of two and three wheelers for October 17, 2024 to file report and Para-wise comments before next date of hearing.  

Petition has been filed against Minister of Finance, Secretary Ministry of Industries and Productions, Federal Board of Revenue through its Chairman, Engineering Development Board through its Chief Executive Officer and member Customs.  According to informed sources petition has been filed against demand raised by EDB under SRO 2069(1)/2022 December 1, 2022 and SRO 656(1)/2006 for provision of details of exports during 2022-23 under Automotive Industry Development and Export Policy 2021-26. Under this policy all OEMs are required to achieve the export targets in line with notification of MoIP and as per conditions. Therefore, they were required to provide details of total exports and imports made during year 2022-23, exports in pipeline during current year and future plans/steps taken for exports of vehicles/auto parts.    

Petitioner submitted that identical petitions bearing WP. No.68730/2023, 4795/2024, were pending this Court for adjudication and court passed ad-interim injunctive orders in these petitions hence petitioner prayed for similar treatment and prayed for grant of identical orders in interest of equity and justice. Petitioner prayed to strike down impugned SRO 2069(1)/2022 December 1, 2022 being arbitrary, unreasonable and unlawful. In alternative condition imposed by SRO may be declared unreasonable. Strike down notification March 1, 2022 sued by Ministry of Industries and Production and chapter 8 of AIDEP 2021-2026 (ex facie or in their application) may be struck down, being unreasonable exercise of power and having so legal effect. Petitioner submitted to declare Engineering Development Board’s decision, based on above instruments, to not extend validity date of manufacturing certificate and to not upload Import quota, as arbitrary and unlawful exercise of power. He prayed to direct respondents EDB and government to take all necessary steps to upload import quota and use/revalidate import authorisation and manufacturing certificates without imposition of impugned condition introduced through impugned SRO or its consideration in doing so.

Restrain and prohibit, including in interim, respondents from enforcing or implementing condition imposed under SRO 656 through above instruments. Including in interim, respondents from demanding or collecting any excess additional Customs Duty from petitioner’s company in oblivion to concessionary regime under SRO 656 on import of components falling under SRO 656(1)/2006.