GULAB IMPAX ENTERPRISES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The plaintiff have prayed for the following reliefs against the defendants:- "In the above-noted facts and circumstances of the case, it is, therefore, prayed that: a) a decree for Rs.5,02,085.00 (rupees five lakhs two thousand and eighty-five) be passed in favour of the plaintiffs and against the defendants; b) pendente-lite and future interest be awarded @ 18% per annum from the date of suit till its realisation on the above-said amount of Rs.5,02,085.00 ; d) costs of the suit be awarded to the plaintiffs and against the defendants."

(2.) According to the plaintiffs, clearance of the goods for warehousing was arbitrarily delayed and the plaintiffs were put to a great loss. The plaintiffs, from the date of filing of the bill of entries on the 23rd of February, 1987 and the 28th of March, 1987, wrote to the Customs Department for clearance of goods and warehousing and there was no response at all by the Customs Department. On the 3rd of April, 1987, the plaintiffs wrote to the Collector of Customs stating that they had waived the write of issuance of show-cause notice and wanted immediate adjudication as the container's detention causing heavy demurrage charges to the plaintiffs. The plaintiffs filed CW.669/87 for a writ of mandamus directing the Customs Department to pass orders on the bill of entries. On the 10th of June, 1987, the plaintiffs withdrew the writ with liberty to challenge it in appeal under Section 49 of the Customs Act. The plaintiffs would refer to the various acts of omission and commission on the part of the defendants 3 to 5 and they claim of recovery of money.

(3.) The plaintiffs had issued notice to the Department, through counsel, on the 6th of June, 1990 wherein they have claimed: "That our clients hereby call upon you to pay a sum of Rs.1,53,000.00 paid as demurrage charges, Rs.96,285.00 paid as warehousing charges along with interest @ 18% per annum from the date of payment of the amounts till refund within the statutory period of notice failing which our clients will be constrained to take such necessary legal action as may be advised in law."