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2020 (2) TMI 12 - HC - CustomsRelease of seized consignments for purposes of re-export - grant of waiver of demurrages levied upon the Petitioner - monetary compensation in the form of exemplary damages - HELD THAT - The Order-In-Original has already been passed by the concerned authority. Re-export of the goods in question have already been permitted. Moreover, as submitted by the counsel for respondent that vide communication dated 15th October, 2019 which is Annexure-A to the counter filed by respondent No.4, this petitioner has already been communicated that NOC is granted for re-export of the goods in question. Thus, the main grievance ventilated in this writ petition about the re-export of the goods in question has already been granted by the respondent No.4. Waiver of demurrages - HELD THAT - This Court in M/S. GLOBAL IMPEX THROUGH ITS PARTNER, SHREE SHYAM ENTERPRISES, SURENDER KUMAR JAIN THROUGH ITS PROPRIETOR, BISHT INTERNATIONAL THROUGH ITS PROPRIETOR, ROOP SINGH ENTERPRISES THROUGH ITS PROPRIETOR, VERSUS MANAGER, CELEBI IMPORT SHED AND ANR., UNION OF INDIA ORS. 2019 (12) TMI 957 - DELHI HIGH COURT held that the demurrages are bound to be paid by the petitioner in accordance with law. Accordingly, this petitioner is bound to make the payment of demurrages. There are no reason to entertain this writ petition for waiver of the demurrages - petition disposed off.
Issues:
1. Release of consignment goods for re-export 2. Grant of waiver of demurrages 3. Monetary compensation for financial losses 4. Overall directions in the case Release of Consignment Goods for Re-export: The petitioner filed a Public Interest Litigation seeking a writ mandamus for the release of consignment goods imported for re-export. The court noted that the concerned authority had already passed the Order-In-Original permitting the re-export of the goods. It was highlighted that the petitioner had been granted a No Objection Certificate (NOC) for re-export as per communication dated 15th October, 2019. Consequently, the main grievance regarding the re-export of goods had been addressed by the respondent. Therefore, the court found no reason to entertain this aspect of the petition and disposed of the matter accordingly. Grant of Waiver of Demurrages: The petitioner also sought a writ for the waiver of demurrages. However, the court referred to a previous judgment in the case of M/s Global Impex Through Its Partner v. Manager, Celebi Import Shed and Anr., dated 20th December, 2019, where it was held that demurrages must be paid by the petitioner as per the law. The court reiterated that the law is explicit on the payment of demurrages, as established in the aforementioned judgment. Consequently, the court declined to entertain the petition for the waiver of demurrages, emphasizing the legal obligation of the petitioner to make the payment. Monetary Compensation for Financial Losses: The petitioner also sought monetary compensation in the form of exemplary damages for the financial and business losses incurred due to the prolonged illegal detention of goods by the respondents. However, since the main grievances regarding the release of goods for re-export and the waiver of demurrages were not upheld, the court did not find it necessary to address the issue of monetary compensation. The petition was disposed of based on the observations made in relation to the primary issues raised. Overall Directions in the Case: After considering the arguments from both sides and examining the facts and circumstances of the case, the court concluded that the Order-In-Original had been passed, permitting the re-export of goods, and the petitioner had been granted the necessary approvals. Additionally, the court referenced a previous judgment regarding the payment of demurrages, reinforcing the legal obligation of the petitioner in this regard. Consequently, the court disposed of the writ petition, stating that there was no need to entertain it further. An application related to the case was also disposed of as infructuous in light of the final order passed.
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