9911796707
TMI Blog2009 (1) TMI 292X X X X Extracts X X X X X X X X Extracts X X X X ..... s by an appropriate forum. In our considered opinion, we do not find that there is any illegality or irregularity in respect of the order so passed by the Trial Court. The order suffers from no irregularity or illegality on the contrary the court held that it cannot decide damages so suffered by the writ petitioners for illegal retention of the goods in question by them. Accordingly, in our considered opinion, This appeal must fail and is hereby dismissed. - 1298 of 2004 - - - Dated:- 28-1-2009 - Pinaki Chandra Ghose and Sankar Prasad Mitra, JJ. [Order]. - The Court : After hearing the learned Advocates for the petitioners and perusing the application for condonation of delay, we are satisfied with the grounds stated in the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ereby the Hon'ble First Court held as follows : "From all these, I find that though in view of the order of the Tribunal the petitioners became entitled to get delivery of the balance 50% of the imported goods, today there is no scope to give them the goods, already sold by the authorities to sell the goods after the order of the tribunal. Since the authorities were not in a position to return the goods, in my view, they were liable to pay the price therefor. What was the price at, the date the petitioners became entitled to get delivery of the goods is a question that, in my view, requires adjudication by appropriate forum. Sitting in writ court, I am not in a position to determine the value of the goods. I do not find any reason to go b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the case and after hearing the learned Advocates for the parties it appears to us that the department has also wrote a letter to the petitioners to the effect that they shall comply with the order already passed by the court. It was submitted on behalf of the writ petitioner that after writing such letter, the authorities cannot turn around and question the order so passed by the Trial court. In view of that, it appears to us that the Court was conscious about the authority of the court for adjudication of the damages suffered by the petitioners by an appropriate forum. In our considered opinion, we do not find that there is any illegality or irregularity in respect of the order so passed by the Trial Court. 5. We have also requested t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
