9911796707
|
Home
Issues:
1. Dismissal of writ petitions by the learned Chief Justice based on alternative remedy. 2. Challenge of the petitioner-appellant regarding customs duty on Polyester Staple Fibre. 3. Applicability of statutory remedy under the Customs Act. 4. Failure to challenge vires of any provision. 5. Jurisdictional aspect of the cause of action. 6. Lack of assistance provided by the respondent side. Analysis: The judgment involves special appeals against the dismissal of seven writ petitions by the learned Chief Justice. The petitioner-appellant, a private limited Company engaged in manufacturing synthetic yarn, challenged the classification of Polyester Staple Fibre by customs authorities. The dispute revolved around the duty payable on the imported fibre. The learned Chief Justice dismissed the writ petitions citing the availability of statutory remedies under the Customs Act. The petitioner-appellant argued that the petitions should not have been dismissed based on alternative remedies, emphasizing the benefit of a specific notification for duty exemption. The Court deliberated on the principle that writ petitions can be entertained by the High Court even when alternative statutory remedies exist, especially if the impugned order lacks jurisdiction. However, in this case, the controversy required factual investigation best suited for statutory authorities. The Court referenced a Supreme Court case emphasizing that Article 226 should not be used to bypass statutory procedures unless extraordinary circumstances exist. The petitioner-appellant did not challenge the vires of any provision or demonstrate an extraordinary situation warranting bypassing statutory remedies. Regarding the jurisdictional aspect, the cause of action arose in Bombay, raising territorial jurisdiction concerns. The Division Bench raised points on the filing of appeals and the appropriate forum for the dispute, but these points became moot after the dismissal of the special appeals. The judgment highlighted the lack of assistance from the respondent side throughout the proceedings, emphasizing the importance of timely and proper assistance to the Court for efficient case resolution. Ultimately, the Court upheld the learned Chief Justice's decision to dismiss the writ petitions, emphasizing the availability of statutory remedies under the Customs Act. The petitioner-appellant was granted a brief period to avail the statutory remedy following the judgment. The special appeals were dismissed, and the judgment concluded by highlighting the need for timely and comprehensive assistance from all parties involved in legal proceedings to facilitate efficient case resolution.
|
