METAL DISTRIBUTORS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Counsel for the parties and in our opinion, at this state it is not necessary to deal with the contentions raised in this writ petition.

(2.) THIS writ petition is an off shoot relating to a claim of grant of full remission of demurrage charges in respect of the period for which the Detention Certificates being Exhibits D and E to the petition were issued by Respondents Nos. 2 and 3. 2a. On earlier occasion, the petitioners had filed Writ Petition No. 549 of 1982 challenging the legality and correctness of the order dated 23rd January 1982, passed by the Collector of customs, Bombay, confiscating the imported goods under Section 111 (d) of the Customs Act, 1962, but allowing an opportunity to the importer to redeem the same on payment of fine of Rs. 75,000/ -. This writ petition was heard by the Division Bench to which one of us (Savant, J.) was a party. The Division Bench vide its order dated 1st August 1991, without going into rival contentions directed the petitioners to file an appeal before the Tribunal. Mr. Mehta, learned counsel appearing for the petitioners stated before us that the petitioners have filed the appeal before the Tribunal and as per the directions contained in the order of this Court dated 1st august 1991, the same will be disposed of shortly. Thus, result is that the main contentions as regards correctness of the order dated 23rd January 1982 passed by the Collector of Customs is sub-judice before the Tribunal.

(3.) IN the meantime, the 1st respondent - the Bombay Port Trust refused to grant the benefit of the detention certificates issued by Respondent No. 2 in pursuance of the order of this Court dated 23rd March 1982 in Writ Petition No. 549 of 1982 filed by the petitioners. It is this denial of the benefit of full remission of demurrage charges for the period for which detention certificates are at Exh. D and E to the petition, is the subject-matter of challenging in this writ petition. 3a. The petitioners have also taken out Chamber Summons No. 174 of 1991 seeking leave to amend the petition in terms of Schedules I, II and III. The petitioners have also annexed to this chamber Summons extracts from the proceedings of the meeting of the Remission Committee held on 17th May 1982 (Ex. K. ). The above extract shows that in the meeting of the Remission committee held on 17th May 1982, petitioners claim for remission in demurrage charges came to be rejected.