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2021 (9) TMI 519 - HC - CustomsImposition of complete ban on imports of various types of cut-flowers through all the Airports of the country except Chennai Airport - discrimination between Flower Traders of Delhi, NCR and other parts of the country or not - violative of Articles 14, 19 and 21 of the Constitution of India or not - HELD THAT - There are merit in the submission of the counsel for the Petitioner that the matter needs adjudication at the earliest looking to the fact that the goods in question, i.e., cut-flowers are a highly perishable commodity. Instead of expediting the process of filing the counter-affidavit, it appears that the Respondents are completely oblivious of the urgency of the matter and the prejudice caused to the Petitioner due to delay in filing the counter-affidavit. Today, once again on account of the callous and casual approach of the Respondents, this Court is left with no option but to adjourn the matter. We grant last opportunity to the Respondents to file a counter-affidavit on or before 31.08.2021, subject, however, to a cost of ₹ 10,000/- which shall be deposited with the Registrar General of this Court on or before 31.08.2021 - List on 31.08.2021.
Issues:
Challenge to ban on imports of cut-flowers, Delay in filing counter-affidavit, Urgency due to perishable nature of goods Analysis: The petition challenges an order and notification imposing a ban on importing cut-flowers through all airports except Chennai, alleging violation of constitutional articles. The petitioner, a flower trader, argues that the ban severely affects business due to perishable nature of goods. Despite multiple adjournments, the respondents have not filed a counter-affidavit, causing further delays. The court notes the urgency of the matter given the perishable nature of cut-flowers and criticizes the respondents for their casual approach. Granting a final opportunity, the court orders the respondents to file the counter-affidavit by a specified date, subject to a cost of ?10,000. The respondents may seek waiver of the cost upon filing the affidavit. The case is listed for further proceedings on the specified date.
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