M/S Rikon Impex vs Union Of India & Ors.
2020 Latest Caselaw 305 Del

$~11
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                          Date of Decision: 17.01.2020
+      W.P.(C) 2597/2019
       M/S RIKON IMPEX                          ..... Petitioner
                     Through: Ms. Amrita Joshi & Ms. Prerana
                     Agarwal, Advs.

                          versus

       UNION OF INDIA & ORS.                        ..... Respondents
                     Through: Mr. Amit Mahajan, CGSC with
                     Mr.Gitesh Chopra, Adv. for UOI
                     Mr. Satish Aggarwala, Sr. Standing Counsel with
                     Mr. Gagan Vaswani, Adv. for R-2 to R-4
                     Mr. Amit Bansal, Mr. Aman Rewaria &
                     Ms.Vipasha Mishra, Advs. for R-5

       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR

                                   JUDGMENT

: D.N. PATEL, Chief Justice (Oral)

1. This so called Public Interest Litigation has been preferred with the following prayers:

"a) Pass an appropriate writ/order/direction of mandamus or a writ/order/direction in the nature of mandamus directing the officials of the Respondent no. 3 and 4 for the release of the consignment goods imported vide BoE No.2909232 dated

19.08.2017 from the ACC Export Shed for purposes of re- export;

b) Pass an appropriate writ/order/direction of mandamus or a writ/order/direction in the nature of mandamus to the concerned officials with respect to the grant of waiver of demurrages levied upon the Petitioner, if any;

c) Pass an appropriate writ/order/direction to provide monetary compensation in the form of "exemplary damages" to be awarded in favor of the Petitioner for the financial and business losses suffered due to prolonged illegal detention of goods by the Respondents, and/or

(d) Issue suitable directions, orders as are deemed necessary in the facts and circumstances of the case."

2. Having heard the counsel for both the sides and looking to the facts and circumstances of the case, it appears that the Order-In-Original has already been passed by the concerned authority. Re-export of the goods in question have already been permitted. Moreover, as submitted by the counsel for respondent that vide communication dated 15th October, 2019 which is Annexure-A to the counter filed by respondent No.4, this petitioner has already been communicated that NOC is granted for re-export of the goods in question. Thus, the main grievance ventilated in this writ petition about the re-export of the goods in question has already been granted by the respondent No.4.

3. As regards the grievance of the petitioner about waiver of demurrages is concerned, this Court has passed a detailed judgment dated 20 th December, 2019 in W.P.(C) 7577/2019 M/s Global Impex Through Its Partner v. Manager, Celebi Import Shed and Anr. holding therein that the demurrages are bound to be paid by the petitioner in accordance with law. Accordingly, this petitioner is bound to make the payment of demurrages.

Hence, we see no reason to entertain this writ petition for waiver of the demurrages. The law is explicitly clear about the demurrages as stated in our judgment in M/s Global Impex Through Its Partner v. Manager, Celebi Import Shed and Anr. in W.P.(C) 7577/2019 dated 20th December, 2019.

4. With the aforesaid observation, this writ petition is hereby disposed of.

C.M. No. 12071/2019 (Stay)

5. In view of the final order passed in W.P.(C) 2597/2019, this application stands disposed of as infructuous.

CHIEF JUSTICE

C.HARI SHANKAR, J

JANUARY 17, 2020 ns