Delhi High Court - Orders
Savino Del Bene Freight Forwarders ... vs Svil Mines Ltd on 9 February, 2022
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~1(Company)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO.PET. 484/2013
SAVINO DEL BENE FREIGHT FORWARDERS
(INDIA) PVT LTD ..... Petitioner
Through None.
Versus
SVIL MINES LTD. ..... Respondent
Through Ms. Ruchi Sindhwani & Ms. Megha
Bharara, Advs. for Official
Liquidator.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 09.02.2022 [Hearing Held Through Videoconferencing] CO.APPL. 606/2021
1. None appears on behalf of the applicant.
2. It is seen that none had appeared on behalf of the applicant on previous hearing as well (hearing held on 16.12.2021).
3. The present application has been filed on behalf of the Principal Commissioner (Import), inter alia, praying that the applicant be allowed to intervene in the present proceeding. In addition, the applicant also prays that a direction be issued to the respondent Company to settle the duty amount of ₹82,31,46,150/- and penalty amount of ₹12,00,00,000/-.
4. Ms. Sindhwani, learned counsel appearing for the Official Liquidator (OL) states that the amounts claimed by the Custom Authorities arise pursuant to orders passed by the Custom Authorities, after the directions were issued for winding up of the respondent Company, without notice to the OL. She further states that OL would take the requisite steps, if any, to Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:15.02.2022 contest the orders passed by the Custom Authorities. She submits that in any view of the matter, no purpose would be served by permitting the customs authorities to intervene in this proceeding. She further states that it will always be open for the Custom Authorities to file its claim for the statutory dues before the OL and the same would be considered by the OL in accordance with law.
5. Prima facie, the contentions advanced by Ms. Sindhwani, learned counsel appearing for the respondent are merited. This Court is of the view that no purpose would be served by permitting the Custom Authorities to intervene in this matter at this stage. Moreover, as noted above, none appears for the applicant and it appears that the applicant is not interested to pursue the present application.
6. Accordingly, the application is dismissed.
VIBHU BAKHRU, J FEBRUARY 9, 2022 'gsr' Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:15.02.2022