The High Court of Delhi dismissed the writ petition as the grievance regarding re-export had been resolved via a No Objection Certificate and the demurrage levy was upheld based on a prior judgment.
The petition was disposed of as the grievance on re-export was resolved and demurrages were upheld against the petitioner.
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Date of Decision: 17.01.2020
M/S RIKON IMPEX ..... Petitioner Through: Ms. Amrita Joshi & Ms. Prerana Agarwal, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents Through: Mr. Amit Mahajan, CGSC with Mr.Gitesh Chopra, Adv. for UOI Mr. Satish Aggarwala, Sr. Standing Counsel with Mr. Gagan Vaswani, Adv. for R-2 to R-4 Mr. Amit Bansal, Mr. Aman Rewaria & Ms.Vipasha Mishra, Advs. for R-5
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
: D.N. PATEL, Chief Justice (Oral)
“a) Pass an appropriate writ/order/direction of mandamus or a writ/order/direction in the nature of mandamus directing the officials of the Respondent no. 3 and 4 for the release of the consignment goods imported vide BoE No.2909232 dated
W.P.(C) 2597/2019 Page 1 of 3
19.08.2017 from the ACC Export Shed for purposes of reexport;
b) Pass an appropriate writ/order/direction of mandamus or a writ/order/direction in the nature of mandamus to the concerned officials with respect to the grant of waiver of demurrages levied upon the Petitioner, if any;
c) Pass an appropriate writ/order/direction to provide monetary compensation in the form of "exemplary damages" to be awarded in favor of the Petitioner for the financial and business losses suffered due to prolonged illegal detention of goods by the Respondents, and/or
(d) Issue suitable directions, orders as are deemed necessary in the facts and circumstances of the case.”
Hence, we see no reason to entertain this writ petition for waiver of the demurrages. The law is explicitly clear about the demurrages as stated in our judgment in M/s Global Impex Through Its Partner v. Manager, Celebi Import Shed and Anr. in W.P.(C) 7577/201 9 dated 20th December, 2019.
C.M. No. 12071/2019 (Stay)
CHIEF JUSTICE C.HARI SHANKAR, J JANUARY 17, 2020 ns
W.P.(C) 2597/2019 Page 3 of 3
1 issue framed by the court
Whether this writ petition regarding re-export of goods and waiver of demurrages requires adjudication in view of the respondent granting NOC and a previous judgment on demurrages.
Colour shows how this judgement treated each authority
M/s Global Impex Through Its Partner v. Manager, Celebi Import Shed and Anr.Followed¶19
W.P.(C) 7577/2019 M/s Global Impex Through Its Partner v. Manager, Celebi Import Shed and Anr.
M/S RIKON IMPEX
UNION OF INDIA
D.N. PATEL
C. HARI SHANKAR
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
