NEERA GUPTA Vs. SUKUMAR SHANKAR COLLR OF CUSTOMS

JUDGEMENT

(1.) This application for contempt had been earlier disposed of by an order dated 10-2-1995. The order was vacated on the ground that the basis of the order namely, identity between the petitioner's goods and those of two other importers had been admitted by the respondent authorities, when there was, in fact, no such admission. At the instance of the respondents the order was recalled and the application for contempt is being disposed of for the second time.

(2.) The petitioner had imported Koyo Brand Bearings shipped from Singapore. The goods arrived in April, 1994 at Calcutta. In the same month clearance was sought by filing bills of entry. Because of the failure of the respondents to even provisionally assess the goods and to release them, a writ application was moved by the petitioner. The matter was moved on notice and an order was passed by this Hon'ble Court on 27th September, 1994. It is this order which is the subject matter of the contempt proceeding. The order insofar as is irrelevant reads as follows :

(3.) The proceeding before the Supreme Court referred to in the order also related to the import of Koyo Brand Ball Bearing. Upon a similar complaint by the importer an order was passed by the Supreme Court in the following terms :"