Kerala High Court
Container Corporation Of India ... vs Container Corporation Of India ... on 18 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE GOPINATH P.
THURSDAY, THE 18TH DAY OF FEBRUARY 2021/29TH MAGHA,1942
W.A.No.941 OF 2020
AGAINST THE JUDGMENT DATED 4.3.2020 IN W.P(C).NO.30811/2019(B)
OF HIGH COURT OF KERALA
APPELLANT/4TH RESPONDENT:
CONTAINER CORPORATION OF INDIA LIMITED
CONTAINER FREIGHT STATION, NH47C, MULAVUKADU P.O.,
VALLARPADAM, ERNAKULAM-682 504.
BY ADV. SRI.PMM.NAJEEB KHAN
RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 3, 5&6:
1 DOLPHIN SHIPPING LINE (UK) LTD.
A COMPANY REGISTERED IN UNITED KINGDOM
HAVING ITS OPERATIONAL HEAD QUARTERS AT
SUITE NO.1401-MAI TOWER, AL NAHDAL, DUBAI,
REPRESENTED BY ITS MANAGING DIRECTOR,
MR.AHAMED SHABEER K.S., AGED 46, S/O.SUBAIR KAKKASSERY
KADHERKUNJI.
2 UNION OF INDIA
MINISTRY OF FINANCE, DEPARTMENT OF REVENUE,
NEW DELHI-110 011 REPRESENTED BY ITS SECRETARY.
3 COMMISSIONER OF CUSTOMS, (DISPOSALS),
CUSTOMS HOUSE, WILLINGTON ISLAND, COCHIN-682 009.
4 ASSISTANT COMMISSIONER OF CUSTOMS,
CUSTOMS HOUSE, WILLINGTON ISLAND, COCHIN-682 009.
5 GATEWAY DISTRIPARKS (KERALA) LIMITED
CHAKIAT HOUSE, SUBRAMANIAM ROAD, WILLINGTON ISLAND,
COCHIN-682 003.
6 CHOICE ASSOCIATES
MAZHUVANCERI, MADATHIL BUILDING, THIRUMARADY,
ERNAKULAM-686 687 REPRESENTED BY ITS SOLE PROPRIETOR,
MR.ARUN JIMMY, AGED 30, S/O.JIMMY ELIAS.
R1 BY ADV. SRI.G.HARIKRISHNAN (B/O)
R2 BY ADV. MR.P.R.AJITH KUMAR, CGC
R3-4 BY SRI.P.R.SREEJITH, SC, CENTRAL BOARD OF EXCISE
AND CUSTOMS
R5 BY ADV. SRI.RONY JOSE (B/O)
R6 BY ADV. SRI.E.M.MURUGAN (B/O)
R6 BY ADV. SRI.P.R.PRATEESH
R6 BY ADV. SRI.P.RAKESH (VAIKOM)
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
18-02-2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A.No.941/2020 :: 3 ::
JUDGMENT
A.K. Jayasankaran Nambiar, J.
It is submitted by the learned counsel for the appellant that
the Writ Appeal has become infructuous. Accordingly, the Writ
Appeal is dismissed as infructuous.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
GOPINATH P.
JUDGE
prp/18/2/21
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE LETTER DATED 22.06.2019 ISSUED
BY THE APPELLANT TO THE IMPORTER.
ANNEXURE A2 TRUE COPY OF THE LETTER DATED 10.07.2019 ISSUED
BY THE APPELLANT TO THE IMPORTER.
ANNEXURE A3 TRUE COPY OF THE LETTER DATED 14.08.2019 ISSUED
BY THE APPELLANT TO THE IMPORTER.
ANNEXURE A4 TRUE COPY OF THE LETTER DATED 30.08.2019 ISSUED
BY THE 3RD RESPONDENT TO THE APPELLATE.
ANNEXURE A5 TRUE COPY OF THE VALUATION REPORT DATED
06.11.2019 SUBMITTED BY THE APPROVED VALUER.
ANNEXURE A6 TRUE COPY OF THE AUCTION CATALOGUE FOR THE
AUCTION TO BE CONDUCTED THROUGH M/S. MSTC ON
18.12.2019 DOWNLOADED FROM THE WEBSITE OF M/S.
MSTC ON 02.12.2019.
ANNEXURE A7 TRUE COPY OF THE LETTER REPORT OF THE AUCTION
CONDUCTED ON 18.12.2019 DOWNLOADED FROM M/S.
MSTC WEBSITE ON 18.12.2019.
ANNEXURE-A8 TRUE COPY OF THE AUCTION CATALOGUE FOR THE
AUCTION TO BE CONDUCTED THROUGH THE M/S.MSTC ON
31.3.2020 AND DOWNLOADED FROM THE WEBSITE ON
M/S MSTC ON 14.03.2020
ANNEXURE-A9 TRUE COPY OF THE INTIMATION FROM M/S. MSTC VIDE
EMAIL DATED 23.03.2020 REGARDING POST
POSTPONEMENT OF ALL E-AUCTION SCHEDULED UP TO
31.03.2020
ANNEXURE-A10 TRUE COPY OF THE PUBLICATION BY THE APPELLANT
REGARDING THE POSTPONEMENT OF THE AUCTION
SCHEDULED TO BE HELD ON 31.03.2020.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
