2017 (10) TMI 39 - HC - Customs

Return of Earnest Money Deposit - public auction - a detailed inventory list was demanded by petitioner, on non-production of which petitioner cancelled the contract and demanded return of earnest money - Held that - the nature of transaction entered into between the petitioner, Customs Department and the Professional Auctioneers is a private contract and merely because, goods were auctioned, for and on behalf of the Customs Department, the same cannot be construed as a statutory contract so as to make the provisions amenable to the jurisdiction of this Court under Article 226 of the Constitution of India. The demand made by the petitioner is purely an afterthought, because at no particular point of time, the petitioner sought for a detailed inventory list and with full knowledge, having participated in the auction and having been declared as the highest bidder and remitted the Earnest Money Deposit, the present attempt of the petitioner is to, somehow, wriggle out of the transaction and at the same time, to get back the Earnest Money Deposit. Petition dismissed being not maintainable.

Summary

Issues:
1. Petitioner seeking return of Earnest Money Deposit
2. Nature of transaction as a private contract
3. Jurisdiction of the Court under Article 226 of the Constitution of India
4. Petitioner's request for a detailed inventory list
5. Validity of petitioner's claim for refund

Analysis:

1. The petitioner sought a Writ of Mandamus to direct the 2nd respondent to return the Earnest Money Deposit of ?1,62,000. The petitioner participated in a public auction conducted by Professional Auctioneers on behalf of the Customs Department for Lot No. 315, offering the highest bid of ?16,20,000. The petitioner paid the mandatory deposit on the auction day. Despite being declared the highest bidder and given an extension to pay the balance, the petitioner failed to do so, leading to forfeiture as per the Conditions of Sale.

2. The Court noted that the transaction between the petitioner, Customs Department, and Auctioneers was a private contract. The auction being conducted for the Customs Department did not make it a statutory contract falling under the Court's jurisdiction under Article 226 of the Constitution of India.

3. The petitioner later claimed they were not provided with a detailed inventory list for Lot No. 315, which was deemed impractical due to the numerous carton boxes. Respondents rejected this claim, stating the goods were sold in as-is condition, and the petitioner participated with full knowledge. The Court viewed the petitioner's demand for a refund as an afterthought to evade the transaction.

4. The Court found the petitioner's request for a refund to be without merit, considering the petitioner's active participation in the auction, highest bid status, and deposit payment. The attempt to seek a refund was seen as an effort to avoid the transaction while reclaiming the Earnest Money Deposit. Consequently, the Court dismissed the writ petition, deeming it misconceived and not maintainable, without imposing any costs. The connected Writ Petition Miscellaneous Petitions were also closed.

This detailed analysis of the judgment provides insights into the issues raised by the petitioner, the nature of the transaction, the Court's jurisdiction, the petitioner's claims regarding the inventory list, and the validity of the petitioner's request for a refund.