GUJARAT CYPROMET LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by special leave, is directed against the judgment and order dated 16-9-2002 of the Bombay High Court, by which the writ petition filed by the appellant was disposed of with certain directions.

(3.) The appellant imported certain consignments of copper cathodes from Germany in August, 1998. The consignments were not cleared by the appellant from the Port Trust, and accordingly, they were sold in a public auction on 13-1-2000 for Rs. 52,50,000. The Jawaharlal Nehru Port Trust, Mumbai deducted 50 per cent of the sale proceeds Rs. 26,25,000 towards sale expenses. The appellant filed a writ petition in the Bombay High Court challenging the deduction of 50 per cent of the sale proceeds as expenses and prayed that the sale proceeds towards expenses of sale on actual basis only should be deducted and the balance amount should be paid to the appellant. The High Court took the view that the controversy raised by the appellant involved adjudication of facts which was not possible in a writ petition filed under Art. 226 of the Constitution. The writ petition was accordingly disposed of permitting the appellant to pursue ordinary civil remedy for redressal of its grievance.