The court directed the Customs Department to issue a detention certificate to importers whose goods were detained due to an unenforced IPR claim, holding the right holder liable for charges.
Direction to issue detention certificate within three weeks. Petitioner not to bear demurrage charges.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2017
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
W.P.No.5019 of 2017 and WMP.No.5286 of 2017
M/s.N.S.Plasters Rep. by its Proprietor Shri B.S.Inayathullah No.10, Near Ring Road Cross, Nagawara, Bengaluru-560 045. ...Petitioner Vs 1. The Principal Commissioner of Customs, Chennai-II Commissionerate No.60, Rajaji Salai, Chennai-600 001. 2. The Deputy Commissioner of Customs IPR Cell Chennai III Commissionerate No.60, Rajaji Salai, Chennai-600 001. ...Respondents
Prayer:Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to grant a detention certificate in terms of Regulation 6(1) of the Handling of Cargo in Customs Area Regulations 2009 with respect to goods covered under Bill of Entry No.6959117 dated 03.10.2016.
For Petitioner : Mr.B.Satish Sundar For Respondents: Mr.T.R.Senthil Kumar
O R D E R
Heard Mr.B.Satish Sundar, learned counsel for the petitioner and Mr.T.R.Senthil Kumar, learned Standing Counsel for the respondents. With the consent of the learned counsel on either side, the writ petition itself is taken up for final disposal.
certificate in terms of Regulation 6(1) of the Handling of Cargo in Customs Area Regulation 2009, in respect of the goods covered under the Bill of Entry dated 3.10.2016.
Rules. In such circumstances, the petitioner, for not fault committed by them, cannot be put to prejudice.
Sd/-
Asst.Registrar (CO)
/true copy/
Sub Asst. Registrar
To
Cp(co) krd 29/7 W.P.No.5019 of 2017
2 issues framed by the court
Whether the petitioner is entitled to a detention certificate for goods detained due to an IPR claim when the right holder failed to join the proceedings?
Whether the department can recover detention charges from the petitioner if the right holder failed to participate in the proceedings?
5 provisions across 4 enactments
M/s.N.S.Plasters
The Principal Commissioner of Customs, Chennai-II
The Deputy Commissioner of Customs IPR Cell Chennai III
T.S.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
