Allowed

M/S. Depe Global Agencies Pvt. Ltd. and Ors. v. Joint Secreytary to the Govt. of India and Ors.

Bombay HC4 Sept 2012WP/1315/2012

Case brief

AI extract

What is this about?

This court allowed the writ petition holding that penalty imposed by the Adjudicating Authority under Section 116 of the Customs Act was unsustainable as the Adjudicating and Revisional Authorities failed to consider the Tally-sheet showing actual discharge quantity.

What did the court decide?

Orders dated 27 October 2008 and 26 December 2011 were quashed and the Adjudicating Authority was directed to pass a fresh order considering the Tally-sheet.

M/S. Depe Global Agencies Pvt. Ltd. and Ors. Vs… — Writ and Judicial Review | Bombay HC (2012)

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WP1315.12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO. 1315 OF 2012

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M/s. Depe Global Agencies Pvt. Ltd. & Anr.

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..... Petitioners

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Versus

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Joint Secretary to the Govt. of India & Ors. ..... Respondents

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Mr.V.R.Dhond, Senior Counsel, i/b. A.Mehta Laljee & Co. for the Petitioners. Mr.Pradeep S.Jetly for the Respondents.

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CORAM : J.P. DEVADHAR & R.D. DHANUKA, JJ. DATE : 4 th SEPTEMBER, 2012.

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P.C. :

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Leave to amend in terms of the draft handed in. Amendment to be carried out during the course of the day.

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The Petitioners are aggrieved by the Order in original dated 27^th October, 2008 and the order in Revision passed by the Joint Secretary to the Government of India on 26^th December, 2011 whereby the Revision Application filed by the Petitioners has been dismissed.

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The grievance of the Petitioners is that the Adjudicating Authority has imposed penalty under Section 116 of the Customs Act, 1962 based on the out turn report of the Port Trust without considering the quantity actually

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WP1315.12

discharged as per the Tally-sheet. According to the Petitioners, the Tally-sheet would show that the quantity actually discharged is in consonance with the Bill of Lading and there is no short lading. Since the Adjudicating Authority as also Revisional Authority have not considered the Tally-sheet, in our opinion, it would be just and proper to set aside the order in original dated 27^th October, 2008 and also the order of the Revisional Authority dated 26^th December, 2011 and direct the Adjudicating Authority to pass fresh order on merits. Accordingly the rule is made absolute by quashing the Order in original dated 27^th October, 2008 and the Order passed by the Revisional Authority on 26^th December, 2011 and the Adjudicating Authority is directed to pass a fresh order in accordance with law after considering the Tally-sheet. Rule is made absolute with the above terms with no order as to costs.

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(R.D. DHANUKA, J.)

M/S. Depe Global Agencies Pvt. Ltd. and Ors. v. Joint Secreytary to the Govt. of India and Ors.

Case brief

What is this about?

What did the court decide?

M/S. Depe Global Agencies Pvt. Ltd. and Ors. v. Joint Secreytary to the Govt. of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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