Dismissed

M/S Sri Exports v. the Commissioner of Customs

Karnataka HC8 Jan 2021CCC/3/2021

Case brief

AI extract

What is this about?

High Court rejected contempt petition alleging willful disobedience of an order dated 16.10.2020. The Court held no order existed for releasing goods, so no breach occurred, and contempt under Contempt of Courts Act cannot be initiated.

What did the court decide?

<b>No</b> case made out to initiate proceedings under the Contempt of Courts Act, 1971. Complainant directed to file appropriate proceedings seeking release of goods.

M/S Sri Exports Vs the Commissioner of Customs — Customs and Excise | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF JANUARY, 2021

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PRESENT

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THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE

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AND

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THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

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C.C.C NO. 3 OF 2021 (CIVIL)

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BETWEEN: M/s SRI EXPORTS, NEW ADDRESS: 101, ELDO RADO ESTATES, 3-6-526 OPP. HOTEL MINERVA, HIMAYATHNAGAR HYDERABAD-500 029.

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OLD ADDRESS: D. No.1-8-702-32-373 F No.A2, 2^ND FLOOR, VENKATAKA SAI NILAYAM, PADMA COLONY HYDERABAD-500 044.

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... COMPLAINANT

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(BY SHRI PRASHANTH SABARISH SHIVADASS, ADVOCATE)

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AND:

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THE COMMISSIONER OF CUSTOMS AIRPORT AND AIR CARGO COMPLEX KEMPEGOWDA INTERNATIONAL AIRPORT, DEVANAHALLI BENGALURU-560 300.

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... ACCUSED ---

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THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 PRAYING TO INITIATE

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CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING WILLFULLY DISOBEYED THE JUDGMENT OF THIS COURT DATED 16.10.2020 IN CSTA No.13/2019 C/W CSTA No.14/2019, PUNISH THE ACCUSED FOR THE SAID CONTEMPT, FURTHER ENFORCE THE SAID JUDGMENT AND ORDER RELEASE OF THE IMPORTED GOODS, AND ETC.

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THIS CCC COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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The breach alleged is of the order dated 16^th October 2020 passed by a Division Bench of this Court in appeals preferred by the Commissioner of Customs. By the said order, the appeals have been dismissed.

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The breach alleged by the complainant is that notwithstanding the order dated 16^th October 2020, the goods illegally held by the accused have not been released.

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A perusal of the order of this Court dated 16^th October 2020 shows that there is no such order made by this Court about releasing the goods. Therefore, it cannot be held that there is a breach of the order passed by this Court on 16^th October 2020. Hence, no case is made out to initiate proceedings under the Contempt of Courts Act, 1971.

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However, it will be open for the complainant to file appropriate

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proceedings seeking release of the goods.

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Sd/CHIEF JUSTICE

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Sd/JUDGE

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AHB

M/S Sri Exports v. the Commissioner of Customs

Case brief

What is this about?

What did the court decide?

M/S Sri Exports v. the Commissioner of Customs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

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