Disposed

Star Trade Ltd. v. Union of India and 2 Ors.

Bombay HC14 Jun 2006WP/1379/2006

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition regarding the re-export of imported goods. The Court directed the Customs department to trace original documents held in its custody and decide the petitioner's re-export application within four weeks via a reasoned order.

What did the court decide?

Directs Customs department to trace original documents and decide the re-export application within four weeks.

Star Trade Ltd. Vs Union of India and 2 Ors. — Customs and Excise | Bombay HC (2006)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 ORDINARY ORIGINAL CIVIL JURISDICTION

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 WRIT PETITION NO.1379 OF 2006

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 Star Trade Limited .. Petitioners.

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 V/s.

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 Union of India & Others .. Respondents.

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 Mr.G.V. Murti for the petitioners.

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 Mr.S.S. Pakale for the respondents.

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 CORAM : V.C. DAGA &
 J.P. DEVADHAR, JJ.

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 DATED : 14TH JUNE, 2006.
P.C. :

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 Rule. Rule returnable forthwith.

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 2. Heard finally by consent of the parties.
 Perused petition. Necessity of filing counter is
 dispensed with as prayed by counsel for the
 respondents.

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 3. The factual matrix reveals that the

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 petitioner is an exporter. It has exported goods in
 question. According to the petitioner - exporter,
 the container which was shipped came to be wrongly
 sent to the consignee in India, who, ultimately,
 refused to claim the consignment.

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 4. The petitioner - exporter claiming to be the

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 title holder of the goods in question has approached
 the respondent No.2 with a request to permit it to
 take back and re-export the containers containing
 goods in question vide its application dated 22nd
 June, 2004.

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 5. The Commissioner of Customs (Imports)
 replied to the petitioner through its advocate vide
 its letter dated 2nd December, 2004 and communicated
 to it, pursuant to the aforesaid application, to
 follow the procedure as prescribed in the Public
 Notice dated 7th November, 2003. In other words,
 Customs department, subject to compliance of the
 requirement of the Public Notice has agreed to
 process the application made by the petitioner for
 re-export in accordance with law.

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 6. The learned counsel for the petitioner
 submits that the Public Notice No.95/2003 dated 7th
 November, 2003; lays down the procedure to be
 followed in respect of re-export of imported goods
 which are not sought to be cleared for home
 consumption by the importer among others stipulates
 necessity of production of the original documents so
 as to establish title to the goods.

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 7. The learned counsel for the petitioner
 submits that the original documents are with the

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 Customs department. He brought to our notice one
 letter written by the importer to the Appraising
 Officer (Import), JNPT, Customs House, Nhava Sheva;
 dated 18th June, 2004; wherein the importer has
 requested for return of original documents given to
 the Appraising Officer. According to the learned
 counsel appearing for the petitioner the original
 documents are not yet returned by the Appraising
 Officer (Imports) to the importer, consequently,
 documents are still in the custody of the Customs
 department. In this view of the matter, he submits
 that the Customs department be directed not to insist
 upon production of original documents.

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 8. Mr.Pakale, learned counsel appearing for the
 revenue while reacting to the above submissions
 submits that for want of instructions, he is not in a
 position to make any positive statement as to whether
 or not the original documents are in the custody of
 the Customs department. He submits that if the
 original documents are found to be in the custody of
 the department, production thereof would not be
 insisted upon. That if for any reason, the original
 documents are found to be unavailable, it would be
 open for the petitioner to produce any other document
 so as to satisfy the requirement of Public Notice.
 He further assures this Court that the application
 for re-export shall be considered with expeditious

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 despatch and shall be decided by a reasoned order
 within a period of four weeks from the date of
 receipt of the copy of this order after granting an
 opportunity of hearing to the petitioner.

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 9. The submissions made by the learned counsel

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 appearing for the customs department - Revenue are
 accepted being reasonable. The Customs department is
 expected to trace original documents, if held by
 them. The respondents are permitted to decide the
 application dated 22nd June, 2004 by a reasoned order
 within four weeks from the date of receipt of the

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 copy of this order following principles of natural
 justice.

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 10. In the result, petition stands disposed of

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 in terms of this order with no order as to costs.

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 (V.C. DAGA, J.)

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 (J.P. DEVADHAR, J.)

Star Trade Ltd. v. Union of India and 2 Ors.

Case brief

What is this about?

What did the court decide?

Star Trade Ltd. v. Union of India and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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