Ashit Rameshchandra Tarmaster v. M K Srivastava , Commissioner of Customs and Central Excise

Gujarat HC5 Sept 2022MCA/391/2022

Case brief

AI extract

What is this about?

The bench examined an allegation of willful violation of an earlier order regarding customs committee proceedings. Finding sufficient explanation for the delay, the court observed that the respondent had purged contempt and proceeded to close the proceedings.

What did the court decide?

Contempt proceedings closed; respondent purged contempt; petitioner granted liberty to challenge orders of 01.09.2022.

Ashit Rameshchandra Tarmaster Vs M K Srivastava… — Contempt of Court | Gujarat HC (2022)

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C/MCA/391/2022 ORDER DATED: 05/09/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/MISC. CIVIL APPLICATION NO. 391 of 2022

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In R/SPECIAL CIVIL APPLICATION NO. 16157 of 2020

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ASHIT RAMESHCHANDRA TARMASTER

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Versus M K SRIVASTAVA , COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE

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Appearance:

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MR NM KAPADIA(394) for the Applicant(s) No. 1 MS JAHNVI N KAPADIA(10987) for the Applicant(s) No. 1 MR. DEVANG VYAS, ASG, WITH MR UTKARSH R SHARMA(6157) for the Opponent(s) No. 1

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NOTICE NOT RECD BACK for the Opponent(s) No. 2

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CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR

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and

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HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

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Date : 05/09/2022

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ORAL ORDER

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(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

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1. This contempt proceedings have been initiated for

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the alleged willful violation of the order dated 30.06.2021 passed in Special Civil Application No. 16157 of 2020. Learned ASG appearing on behalf of respondent has filed an affidavit of respondent on being notified contending inter alia that the order alleged to have been violated, has since been complied.

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Page 1 of 4

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C/MCA/391/2022 ORDER DATED: 05/09/2022

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2. Having regard to the rival contentions raised, we are of the considered that it would be apt and appropriate to extract the order which according to complainant has been alleged to have been violated by respondent. It reads :

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“4 We accordingly dispose of this petition with liberty to the petitioner to make a fresh representation annexing along with it all other relevant material including earlier representations and also a certified copy of this order, which may be submitted to the Commissioner of Customs and Central Excise, Vadodara (respondent No.2), who would ensure that the said matter is placed before the Committee constituted for the purpose and the said Committee is further directed to take an appropriate decision in accordance to law. The above exercise to be completed within a period of six weeks from the date the representation is submitted by the petitioner along with certified copy of this order.

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3. A plain reading of the above direction issued by the Coordinate Bench would clearly indicate that petitioner was granted liberty to submit a fresh representation annexing along with it all other relevant material including earlier representations and also certified copy of the order, to the Commissioner of Customs and Central Excise, Vadodara (respondent No. 2), and he, in turn was directed to place the said matter before the Committee constituted for the purpose and Committee was further

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Page 2 of 4

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C/MCA/391/2022 ORDER DATED: 05/09/2022

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directed to take appropriate decision in accordance with law and the said exercise was required to be completed within an outer limit of six weeks.

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4. The affidavit of respondent would disclose that a decision has been taken on 01.09.2022 by the Committee. In paragraph (VIII) of the affidavit, cause for delay has been shown. As could be seen from the averments made in the said paragraph no. (VIII), steps were taken by respondents and there was some administrative bottlenecks namely there was delay on account of identifying correct jurisdictional Commissionerate and in the meanwhile, the department was also pursuing a filing an application in the disposed of Special Civil Application No. 16157 of 2020 seeking for enlargment the time. In the light of averments made in the affidavit, we are of the considered view that though there has been some delay in complying with the directions issued by the Court namely delay in disposal of the representation by committee within the time frame fixed by this Court, the cause for

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Page 3 of 4

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C/MCA/391/2022 ORDER DATED: 05/09/2022

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such delay has been explained and respondent having now purged in the contempt by passing the order, continuation of contempt proceedings is not warranted and accordingly it stands CLOSED . Petitioner is granted liberty to challenge the order dated 01.09.2022, if so advised.

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(ARAVIND KUMAR,CJ)

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(ASHUTOSH J. SHASTRI, J)

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AMAR SINGH

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Ashit Rameshchandra Tarmaster v. M K Srivastava , Commissioner of Customs and Central Excise

Case brief

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Ashit Rameshchandra Tarmaster v. M K Srivastava , Commissioner of Customs and Central Excise

Case brief

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