Delhi High Court
National Co-Operative Consumers ... vs Union Of India (Uoi) [Along With ... on 17 February, 2004
Author: B Patel
Bench: B Patel, B D Ahmed
JUDGMENT
B.C. Patel, C.J.
1. These two petitions are preferred, inter alia, praying to direct the respondent to permit the petitioner to clear the imported goods as per annexure P1 at the rate of duty applicable at the time of the grant of license as well as at the time of receipt of the goods i.e. at the rate of 30 per cent in terms of the decision of the Hon'ble Minister of Commerce, Government of India. The petitioners are protected by the interim order of this court. Goods have been cleared on payment of 30% of the duty and for the balance bonds have been executed. It is required to be noted that the petitioners are Government companies and therefore there is a dispute between the Government Undertaking and the Customs Department.
2. We were taken through the letter dated 13.2.2003 wherein it is stated that approval of Commerce and Industry Minister has been obtained for requesting the Department of Revenue to consider allowing the clearance of consignment in respect of the import license issued by DGFT at the earlier rate of duty (30%) provided the consignments were shipped within the validity period of license.
3. We are not commenting on the issuance of the said letter or the rate of duty or which rate of duty would be applicable etc. In view of the Apex Court decision in case of Oil and Natural Gas Commission v. Collector of Central Excise: 1995 Supp (4) SCC 541, it would be just and proper to direct the Committee on Disputes to take a decision in the matter and inform the parties.
4. The Apex Court in case of ONGC (Supra) has pointed out that the Cabinet Secretary has taken a proper initiative in view of the order made by the court on 11.9.1991 and has reported that the dispute between the Government Departments and the Public Sector Undertaking of the Union of India has been settled. It is also noted that the Cabinet Secretary has issued instructions from time to time to all Departments of the Government of India as well as Public Undertakings of the Central Government to the effect that all disputes, regardless of the types, should be resolved amicably by mutual consultation or through the good office of empowered agency of the government or through arbitration and recourse to litigation should be eliminated. The same view has been reiterated by the Apex court in case of Chief Conservator of forests, Govt of A.P. v. Collector and Ors. reported in (2003) 3 SCC 472 at paragraph 14.
5. In view of the disputes between the parties, we direct the committee on disputes to examine the matter and to take an appropriate decision and communicate the same to the parties. The said exercise shall be done within a period of six months.
6. It goes without saying that we have not examined the merits of the case and therefore in case the petitioners are aggrieved, it would be open for them to raise all the disputes which they have raised in the petition including the challenge to the vires of the notification. The interim protection granted by the court shall continue till the decision is taken by the Committee and is communicated to the parties.
7. The petitions stand disposed of accordingly.
Direct service (dusty) also permitted.
