2021 (3) TMI 310 - HC - Customs

Provisional release order - HELD THAT - Mr. Parth Divyeshwar, the learned Standing Counsel appearing for the respondents would submit that, within 48 hours, appropriate orders in accordance with law shall be passed by the respondent No.2 herein. Mr. Divyeshwar informed the Court that Mr. Sankhesh Mehta is very much sitting in his office chamber. According to Mr. Divyeshwar, Mr. Shankhesh Mehta is apologetic for what has happened in the present case. The present civil application stands disposed of.

Summary

Issues: Compliance with court order, Contempt of court, Apology and remedial action, Disposal of civil application.

Compliance with court order: The judgment pertains to the inadvertent non-compliance of a court order by Mr. Sankhesh Mehta, the Joint Commissioner of Customs, Ahmedabad. The affidavit filed by Mr. Mehta acknowledged the error in interpreting the order and passing an incorrect order based on paragraphs 11 and 12 instead of paragraph 13. The affidavit expressed regret and explained the panic-induced decision-making process that led to the mistake. Mr. Mehta tendered an unequivocal apology, emphasizing that the non-compliance was not willful or deliberate. The court noted that seeking guidance or clarification from higher authorities would have been the correct course of action. Mr. Mehta assured the court of proactive compliance in the future and requested time to pass a fresh order as directed.

Contempt of court: The judgment addresses the issue of potential contempt of court due to the inadvertent non-compliance with the court order by Mr. Mehta. The affidavit submitted by Mr. Mehta sought the court's magnanimous view, highlighting that the non-compliance was not intentional and that steps were being taken to rectify the error promptly. Mr. Mehta assured the court that the incident would not be repeated, and he requested acceptance of his unconditional apology. The court considered Mr. Mehta's explanation and remedial actions to rectify the situation.

Apology and remedial action: Mr. Mehta, in his affidavit, expressed deep regret for the oversight and explained the circumstances that led to the incorrect interpretation of the court order. He tendered an unequivocal apology, acknowledging the lack of justification for the error. Mr. Mehta assured the court of his good faith actions and proactive approach towards discharging his duties. He requested the court to accept his apology and reassured that such incidents would not occur in the future. Additionally, Mr. Mehta informed the court about the steps being taken to pass a fresh order promptly in compliance with the court's direction.

Disposal of civil application: The judgment concludes by disposing of the present civil application after considering the submissions made by both parties. The court directed Mr. Mehta to review the court order and pass an appropriate order in accordance with the law within 48 hours. The court acknowledged Mr. Mehta's regret and the steps being taken to rectify the situation promptly. With this, the civil application was disposed of, indicating the resolution of the issues raised in the case.