Delhi High Court
M/S Uniexcel Polychem Pvt. Ltd. vs The Deputy Commissioner Of ... on 24 April, 2015
Author: Rajiv Shakdher
$~36, 37, 40 & 41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4057/2015
M/S. UNIEXCEL POLYCHEM PVT LTD ..... Petitioner
Through: Mr Chandra Shekhar Yadav & Mr Prem
Ranjan, Advs.
versus
THE DEPUTY COMMISSIONER OF
CUSTOMS & ANR. ..... Respondents
Through: Mr Kamal Nijhawan & Mr Sumit Gaur,
Advs.
+ W.P.(C) 4063/2015
M/S. GENERAL TRADERS ..... Petitioner
Through: Mr Chandra Shekhar Yadav & Mr Prem
Ranjan, Advs.
versus
THE DEPUTY COMMISSIONER OF
CUSTOMS & ANR. ..... Respondents
Through: Mr Kamal Nijhawan & Mr Sumit Gaur,
Advs.
+ W.P.(C) 4075/2015
M/S. GUPTA SUBHASH & SONS (HUF) ..... Petitioner
Through: Mr Chandra Shekhar Yadav & Mr Prem
Ranjan, Advs.
versus
THE DEPUTY COMMISSIONER OF
CUSTOMS & ANR. ..... Respondents
Through: Mr Kamal Nijhawan & Mr Sumit Gaur,
Advs.
WP(C) Nos. 4057/2015, 4063/2015, 4075/2105 & 4076/2015 Page 1of 4
+ W.P.(C) 4076/2015
M/S. SHREE RAM TRADERS ..... Petitioner
Through: Mr Chandra Shekhar Yadav & Mr Prem
Ranjan, Advs.
versus
THE DEPUTY COMMISSIONER OF
CUSTOMS & ANR. ..... Respondents
Through: Mr Kamal Nijhawan & Mr Sumit Gaur,
Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 24.04.2015
CM No7264/2015 (Exemption) in WP(C) 4057/2015
CM No7274/2015 (Exemption) in WP(C) 4063/2015
CM No7292/2015 (Exemption) in WP(C) 4075/2015
CM No7293/2015 (Exemption) in WP(C) 4076/2015
1. Allowed subject to just exceptions
WP(C) Nos. 4057/2015, 4063/2015, 4075/2105 & 4076/2015
2. The common grievance, which is, raised in the captioned writ
petitions is this : that the assessment of bills of entries for clearance of goods
were filed long back. Individual dates need not be given, but what is
important to take note of, is that, such bills of entries are pending from the
year 2011-2014. The petitioners' grievance is that the respondents have
taken no steps for provisional assessment of bills of entries resulting in
exposing them to an imminent possibility of levy of detention and
demurrage charges.
3. Mr Nijhawan, who appears on advance notice, says expedition is
WP(C) Nos. 4057/2015, 4063/2015, 4075/2105 & 4076/2015 Page 2of 4
required, and that, the matters will be processed at the earliest.
4. Learned counsel for the petitioners informs me that in two matters
being: WP(C) Nos. 4057/2015 and 4075/2015, notices have been received
by his clients yesterday, i.e., 23.04.2015 fixing a hearing qua matter in issue,
on 29.04.2015, at 12.30 p.m. and 12.45 p.m., respectively.
5. Having perused the record and heard counsel for parties, it is apparent
that there has been an enormous delay in processing the bills of entry. The
respondents cannot but concede that officers charged with an obligation to
perform statutory duties are not only required to discharge such obligations
cast on them but are also required to act with utmost expedition. Delay in
performance of statutory duties, often renders the remedy provided by the
statute illusory.
6. In these circumstances, those matters in which hearing is fixed will be
taken up, if not earlier, on the dates given.
6.1 In so far as other two matters are concerned, steps will be taken to
process the same with due expedition, though not later than three weeks
from today.
7. A copy of this order will also be sent to the Central Board of Excise
and Customs (CBEC), North Block, New Delhi. The CBEC, is requested to
inquire into the matter as to why there is a delay at the level of the
Commissioners in processing such like cases. A report in that behalf be
generated and placed on the record of this court. If any action is required to
be taken, qua the concerned officers, the same should also be indicated in
the report.
8. The writ petitions and the applications are, accordingly, disposed of.
9. List for compliance on 14.08.2015.
10. Dasti under the signatures of the Court Master.
RAJIV SHAKDHER, J
APRIL 24, 2015
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