2009 (8) TMI 26 - HC - Customs

Import of Dual SIM phones Invention - infringement of the patent rights Writ petition against the order of adjudicating authority Alternative Remedy to file an appeal held that - appellate Tribunal is empowered to pass interim orders and time limit is prescribed for the disposal of the appeals. Thus, the alternate remedy provided for these cases are not only effective but also efficacious. No interpretation of any statute arises in these cases and the jurisdiction of the authority, who passed the impugned orders is not questioned -. Notice of PH was issued on 30.4.2009 and final date for demonstration of the patented goods was fixed on 18.5.2009, which was intimated to the petitioner on 14.5.2009. - petitioner failed to avail the said opportunity of personal hearing/demonstration - violations of principles of natural justice is disputed by the respondents not upheld Petitioners directed to file appeal before the appellant authority as an alternative remedy available to them.

Summary

Issues Involved:
1. Maintainability of the writ petitions without availing alternate remedy of filing appeal under the Customs Act, 1962.
2. Territorial jurisdiction of the Madras High Court to entertain writ petitions challenging orders passed by customs authorities in Mumbai and New Delhi.

Issue-wise Detailed Analysis:

1. Maintainability of the writ petitions without availing alternate remedy of filing appeal under the Customs Act, 1962:

The petitioner, a patent holder, sought to quash orders passed by various customs authorities which allowed the clearance of goods allegedly infringing his patent rights. The respondents argued that the writ petitions were not maintainable due to the availability of an effective alternate remedy by filing an appeal under sections 128 and 129A of the Customs Act, 1962.

The court noted that the petitioner was given opportunities for personal hearings and to demonstrate his patent rights, except in one instance where the petitioner failed to appear. The court emphasized that disputed questions of fact, such as whether the imported goods infringed the petitioner's patent rights, could not be decided in a writ petition under Article 226 of the Constitution of India.

The court cited several precedents, including decisions from the Supreme Court, which consistently held that when an effective statutory remedy is available, writ jurisdiction should not be invoked. The court also noted that the Customs Act provides a detailed procedure for appeals, including the power to grant stay orders and a time limit for disposal of appeals, ensuring that the remedy is both effective and efficacious.

The court concluded that the writ petitions were not maintainable as the petitioner had an effective alternate remedy available under the Customs Act, 1962, and the factual disputes and alleged violations of natural justice could be addressed by the appellate authorities.

2. Territorial jurisdiction of the Madras High Court to entertain writ petitions challenging orders passed by customs authorities in Mumbai and New Delhi:

The respondents also raised the issue of territorial jurisdiction, arguing that the orders challenged were passed by customs authorities in Mumbai and New Delhi, and thus, the writ petitions should be filed before the respective High Courts in those jurisdictions.

The court noted that the petitioner had registered his patent rights in Chennai and had obtained an interim order from the Madras High Court in a related civil suit. However, the court did not find this sufficient to establish territorial jurisdiction for challenging orders passed by authorities outside Tamil Nadu.

Given the court's finding on the first issue regarding the maintainability of the writ petitions, it deemed it unnecessary to decide on the territorial jurisdiction issue. The court dismissed the writ petitions, granting the petitioner liberty to avail the statutory remedy provided under the Customs Act, 1962.

Conclusion:

The writ petitions were dismissed on the grounds that the petitioner had an effective and efficacious alternate remedy available under the Customs Act, 1962, and the factual disputes and alleged violations of natural justice could be addressed by the appellate authorities. The court did not find it necessary to decide on the issue of territorial jurisdiction.