SUMANGALA STEELS PVT. LTD. Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) This writ petition is filed with the following prayer:--

(2.) The stand of the learned counsel for the petitioner is that the second respondent-Tribunal had stayed the order of the Commissioner on condition that the petitioner has to pay a sum of Rs. 3 lakhs; the said sum of Rs. 3 lakhs was also paid by the petitioner; consequently, interim order granted is also in operation; however, the petition filed to release the goods has been dismissed by the second-respondent Tribunal; since the goods have been lying for a period of three years with the first respondent and in spite of their best efforts, since the appeals could not get disposed of, the petitioner-company had filed W.P. No. 14204 of 2011 and the Managing Director of the petitioner-company had filed W.P. No. 14205 of 2011 seeking writs of mandamus directing the Tribunal to dispose of the appeals immediately; the said writ petitions were disposed of by orders dated 20-6-2011, directing the Tribunal to dispose of the said appeals as expeditiously as possible, however, not later than six weeks from the date of receipt of a copy of the said orders.

(3.) Now, the main grievance of the learned counsel for the petitioner is that in spite of such a direction given by this Court in the above said writ petitions, till date, the appeals have not been disposed of by the second respondent-Tribunal; apart from this, the value of the steel alloy which is the subject matter of the issue before the appeals is also, day by day, coming down; already, the petitioner had incurred a heavy loss; under such circumstances, the Tribunal has passed a conditional order as per which the petitioner has to pay fine of Rs. 45 lakhs; besides, even as per the order of the Commissioner also, the petitioner can redeem the goods, but, after paying fine of Rs. 45 lakhs; but, the petitioner-company was a sick unit and now, the petitioner-company is slowly recovering from the loss sustained; under such circumstances, the petitioner is not in a position to pay the fine amount of Rs. 45 lakhs; consequently, the goods have to be directed to be released on the petitioner furnishing bank guarantee to the tune of Rs. 45 lakhs.