9911796707
TMI Blog1984 (3) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Respondent No. 4 - Board of Trustees of the Port of Bombay, to clear the consignment forthwith in view of the detention certificates issued by the Collector. 2. The order came to be passed under the following circumstances :- One M/s. Kanudia Enterprises - the First Respondent in this appeal have filed a Writ Petition seeking Writ against Union of India, Collector of Customs, Assistant Collector of Customs as Respondents 1 to 3 respectively directing them to release three consignments of the Petitioners on payment of 65% of customs duty and executing a bank guarantee for the balance and to issue detention certificates in respect of the said three consignments for the period of 19th/20th January 1984 till clearance of the said consign ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed for special examination involving analytical and technical test other than the ordinary process of appraisement and not attributable to any fault negligence of petitioners. The consignments will be released on the petitioners making payment of the duty and on furnishing the bank guarantee as provided above." (Underlining supplied). 4. As the order shows the Port Trust had appeared and were represented by a Counsel and attorneys at the time of passing of the said order. 5. In pursuance of the said order of the Court, Customs authorities issued in favour of the petitioners requisite detention certificates in the manner stated in the said order. 6. However the Port Trust instead of honouring the detention certificates issued by Cust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s by his letter dated 16th March 1984 to the Port Trust stated that they had issued detention certificates under the orders of the Court and they would not have been issued had there been no court directions. However at the hearing the Customs withdrew the said letter and wrote another letter dated 26th March 1984 deleting the said later part of the letter dated 16th March 1984. 9. The petitioners therefore brought the matter before this Court for grant of interim relief of immediate release of the said consignments. Pendse, J., who heard the said application whereat all parties including Port Trust were present and represented by Counsel passed the impugned order issuing Notice for contempt against the writer of the letter the said K. Na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te by the Customs to release the consignment without charging demurrage. In fact the interim order of this Court directed such release. However, the Port Trust instead of releasing the consignments, under its General Manager's said two letters which prima facie justified issue of contempt notice, refused to release the same in spite of Court's order, under an assumed right that under the rules they were entitled to enquire into the bonafide of the Customs in issuing such detention certificates. Under the circumstances the said interim order need no interference. The appeal is therefore dismissed at the admission stage itself. 13. Application by the learned Counsel for the Port Trust to stay the operation of the order for seven days reject ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
