CHOWDHURY INDUSTRIES Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) This writ petition was moved on behalf of M/s. Chowdhury Industries and Anr., inter alia, praying for writ in the nature of mandamus, commanding the Respondents to act and proceed in accordance with law, more particularly, in accordance with Government of India Com. D.O. 484 of June 21. 1923, and further commanding the Respondents to consider and dispose of the representations made by the Petitioners and/or writ in the nature of mandamus commanding the Respondents, to forbear from withholding clearance of the vessel, namely, M.V. JALADHRUV for the purpose of dismantling and removal of dismantled parts, without payment of customs duty and further to forbear from taking any step or further steps adverse to the rights and interests of the Petitioners, in the mailer of clearance of the said vessel and further commanding the Respondent Customs authorities, to allow clearance of the said vessel M.V. JALADHRUV for dismantling and removal of the dismantled parts without payment of customs duty.

(2.) When, this writ petition was moved before this Court on October 22, 1983, after hearing Mr. Somnaih Chatterjee, Mr. R.N. Das and Mr. F.M. Rezack, A.K. Jana J. (as His lordship then was), was pleased to issue a Rule and granted an interim order of injunction pending disposal of the Rule, upon the Petitioner's furnishing a bank guarantee in favor of the Collector of Customs, Bombay, for a sum of Rs. 8 Lakhs, within fortnight from the said date.

(3.) The Rule was made returnable three weeks after the long vacation.