Karnataka High Court
Director General Of Foreign Trade vs M/S Biocon Limited on 25 November, 2024
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NC: 2024:KHC:48014-DB
CCC No. 923 of 2022
C/W WA No. 525 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE S RACHAIAH
CIVIL CONTEMPT PETITION NO. 923 OF 2022
C/W
WRIT APPEAL NO. 525 OF 2022 (T-RES)
IN CCC No. 923/2022
BETWEEN:
M/S BIOCON LIMITED
20TH KM, HOSUR ROAD,
ELECTRONIC CITY, BENGALURU,
KARNATAKA -560 100.
(REPRESENTED BY SHRIYOGISH RUDRA,
AGED ABOUT 51 YEARS)
...COMPLAINANT
(BY SRI. RAVI RAGHAVAN, ADVOCATE AND
SRI. ROHAN KARIA, ADVOCATE)
AND:
Digitally signed
by SREEDHARAN
BANGALORE
SUSHMA 1. SHRI.SANTHOSH KUMAR SARANGI, THE CHARIMAN,
LAKSHMI
Location: HIGH THE DIRECTOR GENERAL OF FOREIGN TRADE
COURT OF
KARNATAKA POLICY RELAXATION COMMITTEE, 5TH FLOOR,
UDYOG BHAWAN, NEW DELHI - 110 001.
2. SMT. KAJAL SINGH
THE PRINCIPAL COMMISSIONER OF CUSTOMS
AIRPORT/AIR CARGO COMPLEX,
AI SATS AIR FREIGHT TERMINAL,
NEAR AIRPORT, DEVANAHALLI,
BENGALURU - 560 300.
3. SHRI A S LUNGREISHANG
DEPUTY DIRECTOR GENERAL OF FOREIGN TRADE
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NC: 2024:KHC:48014-DB
CCC No. 923 of 2022
C/W WA No. 525 of 2022
POLICY 3 DIVISION, UDYOG BHAWAN,
NEW DELHI - 110 001.
4. SMT. RACHNA
THE DEPUTY COMMISSIONER OF CUSTOMS
AIRPORT/AIR CARGO COMPLEX,
AI SATS AIR FREIGHT TEMINAL,
NEAR AIRPORT, DEVANAHALLI
BENGALURU - 560 300.
[VIDE ORDER DATED 08/09/2023
ACCUSED NO-4 IS DELETED]
5. SHRI LOKESH H D
ADDITIONAL DIRECTOR GENERAL OF FOREIGN
TRADE, 6TH FLOOR, KENDRIYA SADAN,
C & E WING, KORAMANGALA 2ND BLOCK,
17TH MAIN ROAD, BENGALURU - 560 034.
...ACCUSED
(BY SRI. RAJASHEKAR S, ADVOCATE FOR A1, A3 AND A5;
SRI. ARAVIND V CHAVAN, ADVOCATE FOR A2;
A4 IS DELETED V/O DATED 08/09/23)
THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION OF INDIA R/W SECTION 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, PRAYS TO TAKE
COGNIZANCE OF AND INITIATE CONTEMPT PROCEEDINGS
AGAINST THE ACCUSED FOR HAVING WILFULLY DISOBEYED
THE JUDGMENT OF THIS HON'BLE COURT DATED 12.01.2022
IN THE MATTER OF WP NO.8862/2021 (T-RES), PUNISH THE
ACCUSED FOR THE SAID CONTEMPT AND ETC.
IN WA NO. 525/2022 (T-RES)
BETWEEN:
1. DIRECTOR GENERAL OF FOREIGN TRADE
THROUGH THE CHAIRMAN
POLICY RELAXATION COMMITTEE
5TH FLOOR, UDYOG BHAWAN
NEW DELHI - 110 001.
2. ADDITIONAL DIRECTOR GENERAL
OF FOREIGN TRADE, 6TH FLOOR,
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NC: 2024:KHC:48014-DB
CCC No. 923 of 2022
C/W WA No. 525 of 2022
KENDRIYA SADAN, KORAMANGALA 2ND BLOCK
17TH MAIN ROAD, BENGALURU - 560 034.
3. DEPUTY DIRECTOR GENERAL OF FOREIGN TRADE,
POLICY 3 DIVISION, UDYOG BHAWAN
NEW DELHI- 110 001.
4. PRINCIPAL COMMISSIONER OF CUSTOMS
AIRPORT/ AIR CARGO COMPLEX
AI SATS AIR FREIGHT TERMINAL
NEAR AIRPORT, DEVANAHALLI
BENGALURU - 560 300.
5. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF COMMERCE AND INDUSTRY
UDYOG BHAWAN, NEW DELHI - 110 001.
...APPELLANTS
(BY SRI. ARAVIND V CHAVAN, ADVOCATE)
AND:
M/S BIOCON LIMITED
20TH KM, HOSUR ROAD
ELECTRONIC CITY, BENGALURU
KARNATAKA - 560 100.
(REPRESENTED BY GENERAL MANAGER
INDIRECT TAXATION)
...RESPONDENT
(BY SRI. RAVI RAGHAVAN, ADVOCATE AND
SRI. ROHAN KARIA, ADVOATE FOR C/R)
THIS WRIT APPEAL FILED U/S 4 OF THE HIGH COURTS
ACT PRAYING TO SET ASIDE THE ORDER DATED
12/01/2022, PASSED BY THE SINGLE JUDGE IN WRIT
PETITION NO. 8862/2021 (T-RES)
THIS PETITION AND APPEAL, COMING ON FOR ORDERS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO
and
HON'BLE MR JUSTICE S RACHAIAH
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NC: 2024:KHC:48014-DB
CCC No. 923 of 2022
C/W WA No. 525 of 2022
ORAL ORDER
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)
The learned counsel for the appellants in
W.A.No.525/2022 has filed a memo for withdrawal which reads
as under:
"The appellants in the above matter respectfully prays
that this Hon'ble Court may be pleased to permit the
appellants to withdraw the above appeal as not
pressed, for the reasons that in a similar case
(W.A.No.556-2022 M/s Suretex Prohylactics (India)
Pvt. Ltd.) the Department has not filed further appeal.
Hence, the appellant may be permitted to withdraw the
above appeal as not pressed in the interest of justice
and equity."
2. Learned counsel for the appellants reiterates the
prayer for withdrawal of the appeal.
3. The appeal is dismissed as withdrawn.
4. Mr. Rajshekar S, learned counsel appearing for the
accused Nos.1, 3 and 5 in the contempt petition No.923/2022
submits that in view of the withdrawal of the appeal filed by the
revenue, the order shall be implemented within eight weeks.
NC: 2024:KHC:48014-DB
5. The submission is taken on record.
6. In view of the submission made by Mr. Rajshekar,
learned counsel for the accused Nos. 1, 3 and 5 in contempt
petition, the learned counsel for the petitioner states that this
petition be disposed of.
7. It is ordered accordingly,
8. It is made clear that if the order is not implemented
within 8 weeks, liberty is with the counsel for the complainant to
revive the contempt petition.
Sd/-
(V KAMESWAR RAO)
JUDGE
Sd/-
(S RACHAIAH)
JUDGE
JS
