Punjab-Haryana High Court

Sai Sanitation vs Union Of India And Ors on 3 May, 2024

Bench: Sanjeev Prakash Sharma, Alka Sarin

                                    Neutral Citation No:=2024:PHHC:061390-DB
                                                           {2024:PHHC:061390-DB}

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       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                                   RA-CW-40-2022 (O&M)
                                                   in CWP-11665-2021
                                                   Date of Decision:03.05.2024

M/S. SAI SANITATION THROUGH PARTNER NIRMAL GUPTA
                                                                    ........Petitioner
                                                   V/s.
UNION OF INDIA AND OTHERS
                                                                  ........Respondents

CORAM:        HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
              HON'BLE MRS. JUSTICE ALKA SARIN

Present:      Mr. Ashish Chopra, Senior Advocate, assisted by
              Mr. Vaibhav Narang, Advocate and
              Mr. Devansh Khanna, Advocate
              for the Review Applicant-respondent No.5.

              Mr. Sandeep Goyal, Advocate for the petitioner.

              ****
SANJEEV PRAKASH SHARMA, J. (Oral)

1. This Review Application is filed by respondent No.5 seeking

review of order dated 10.09.2021 passed by this Court in CWP-11665-2021.

2. It is an admitted position that notices in the Writ Petition were

served on respondent No 5, who did not choose to appear in this case and ex-

parte proceedings were initiated by this Court against it vide order dated

19.08.2021. Thereafter on 10.09.2021, this Court went on to decide the Writ

Petition finally.

3. Learned senior counsel appearing on behalf of the review

applicant-respondent No.5 submits that the review-applicant is a Shipping

Company and is not governed by the Handing of Cargo in Customs Area

Regulations, 2009 on account of Container Detention Charges.

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Neutral Citation No:=2024:PHHC:061390-DB

{2024:PHHC:061390-DB} RA-CW-40-2022 (O&M) in CWP-11665-2021

4. We find that while passing the judgment on 10.09.2021, this

Court had observed as under:-

"XXXXX XXXXX Counsel for the petitioner states that the goods can be released today and the petitioner will submit a bond for recovery of "Container Detention Charges" to deposit the demurrage if found due at a later stage.

Counsel for respondents No.1 to 4 has fairly accepted this suggestion.

In the circumstances, the goods may be released by the respondents subject to the action which the respondents may take against the provider under the above-mentioned regulation.

Petition stands allowed.

Since the main case has been decided, the pending Civil Misc. Application, if any, also stands disposed of."

5. Keeping in view the above, the contentions raised by the learned

senior counsel for the review-applicant are not required to be re-examined.

The Review Application is misconceived and the same is dismissed

accordingly.

6. All pending applications shall also stand disposed of.




                                           [SANJEEV PRAKASH SHARMA]
                                                     JUDGE


                                                         [ALKA SARIN]
May 3, 2024                                                 JUDGE
Ess Kay


          Whether speaking / reasoned              :         Yes   /    No
          Whether Reportable                       :         Yes   /    No




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