2020 (5) TMI 614 - HC - Customs

Impleadment of petition - demurrage charges in accordance with the impugned notification dated 01.04.2020 - HELD THAT - This application has been filed by the petitioners for impleadment of three further respondents (viz., Secretary, Ministry of Finance, Department of Revenue and Expenditure; the Central Board of Indirect Taxes and Customs and the Chief Commissioner of Customs, Delhi Zone) as respondent nos. 9, 10 and 11 in the present petition. The petitioners claim that the presence of the three respondents is necessary to enable complete adjudication of the disputes raised. List before the roster bench on 01.06.2020.

Summary

Issues:
1. Exemption application for making good defects within two weeks.
2. Exemption application with all just exceptions.
3. Stay application for paying demurrage charges.
4. Application for impleadment of necessary parties.
5. Application for impleadment of additional respondents in the petition.

Exemption Application for Making Good Defects:
The court allowed the exemption subject to the counsel undertaking to rectify the defects within two weeks after the regular functioning of the court resumes. The application was disposed of accordingly.

Exemption Application with All Just Exceptions:
The exemption was granted with all just exceptions, and the application was disposed of without any further orders.

Stay Application for Paying Demurrage Charges:
The petitioners agreed to pay demurrage charges in accordance with a specific notification, pending the outcome of the writ petition. As a result, no further orders were required, and the application was disposed of based on the statement made by the petitioners' counsel.

Application for Impleadment of Necessary Parties:
The petitioners filed an application for the impleadment of respondent numbers 3 to 7, as per a previous order. Since the proposed respondents had already appeared, no additional orders were necessary, and the application was disposed of accordingly.

Application for Impleadment of Additional Respondents:
The petitioners sought to implead three more respondents in the petition to enable a complete adjudication of the disputes raised. The Additional Solicitor General confirmed that the proposed respondents had no objection to being impleaded. Consequently, the application was allowed, and the three parties were impleaded as respondent numbers 9, 10, and 11. The amended memo of parties was also accepted.

Writ Petition:
The court directed the respondents, including the newly impleaded parties, to file their replies to the writ petition by a specified date. Any rejoinders were to be filed subsequently. The case was scheduled to be listed before the roster bench on a specific date for further proceedings.