Andhra Pradesh High Court - Amravati
Taken Up vs State Of Andhra Pradesh on 15 December, 2021
8 to 11
HIGH COURT OF ANDHRA PRADESH : AMARAVATI
MAIN CASE: W.P (PIL) Nos. 112, 117, 119 and 147 of 2020
PROCEEDINGS SHEET
Sl. DATE ORDER OFFICE
NOTE
No.
(Through physical mode)
15.12.2021 I.A. No.2 of 2021 has been preferred by the
applicant/respondent No.8 seeking a direction to the District
Collector, Visakhapatnam District/Committee to oversee and allow the applicant to immediately sell or dispose of the raw materials and other inventory identified at Annexures C & D which are lying at third party ware-houses and further to direct the District Collector, Visakhapatnam District to permit the applicant/respondent No.8 to immediately return the engineering materials which are lying at the applicant premises that belong to the other third-party providers which are identified at Annexure F to the I.A. I.A. No.2 of 2021 was considered by this Court on 30.09.2021 permitting the applicant/respondent No.8 to submit appropriate application in respect of the prayers made relating to Annexure-C and Annexure-D in the I.A., before the Committee constituted in pursuance of the order of this Court dated 06.04.2021. The Committee in turn was directed to inspect the premises and submit a report to this Court with the observations regarding material stored, to enable this Court to pass appropriate orders. The Committee has submitted its report dated 23.10.2021 with the following remarks and recommendations:
"REMARKS:
1. The Committee verified and found that all the items at S.No.1 to 88 are stored in the premises of third party.
2. The representative of M/s. LG Polymers India Private Limited informed that the items at S.No.1 to 25 belong to them as they have paid the amount to the suppliers.
The applicant submitted copies of commercial invoices Sl. DATE ORDER OFFICE NOTE No. and bank transactions for the above items. Copies enclosed as Annexure-6. The applicant requested for permission to sell the item at Sl.No.1 to 25.
3. The representative of M/s. LG Polymers India Private Limited also informed that the item at S.No.26 to 88 belong to the third party as they have not paid the amount. They have submitted copies of commercial invoices. Copies enclosed as Annexure-7. It was noted from the commercial invoices that all the items at S.No.26 to 88 were supplied by LG Chem Limited, Seuol, Korea. The applicant informed that an amount of $665230.65 to be paid to LG Chem Limited, Korea. The applicant requested for permission to return/re- export the items at S.No.26 to 88.
4. The Hon'ble High Court vide order dated 06.04.2021 directed LG Polymers India Private Limited to deposit sale proceeds of the inventory as indicated in Annexure-A to the memo dated 17.11.2020.
5. The items at S.No.1 to 88 which are lying in the premises of the third party (outside the premises of the LGPI) are listed in the Annexure - A to the memo dated 17.11.2020.
RECOMMENDATIONS:
1. The items mentioned at S.No.1 to 88 may be permitted to sell/re-export as they are part of inventory in Annexure-A to the memo dated 17.11.2020.
2. The sale proceeds and the value of materials returned/re-exported shall be deposited before the District Collector, Visakhapatnam."
Subsequent to the filing of the report, the applicant/respondent No.8 of I.A. No.2 of 2021 has filed short- affidavit accepting the recommendations of the Committee undertaking to deposit the value of the inventory before the District Collector, Visakhapatnam. The relevant paras of the affidavit contained in Paras 3 and 4 are reproduced herein:
Sl. DATE ORDER OFFICE
NOTE
No.
"3. At the outset, the Applicant/Respondent No.8 seeks to clarify that it does not have title or ownership (constructive or otherwise) of the inventory indicated at Annexure D of IA No.2 of 2021 ("Application") and the said inventory is owned by M/s.LG Chem Ltd, a company incorporated in South Korea. As such, the said inventory is liable to be returned/re-exported by the Applicant as the Applicant has not made any payment towards this inventory till date. However, without prejudice to the above averments (as also the averments in I.A. No.2 of 2021) and facts, the Applicant/Respondent No.8 is ready and willing to re- export the inventory indicated at Annexure D of I.A. No.2 of 2021 and deposit with the District Collector, Visakhapatnam the value of inventory as indicated in the purchase orders identified at Annexure F (at pages 81 to 99) of the Applicant's/Respondent No.8's response to the report of the Committee submitted by Respondent No.6 ("Report") and the Remark (3) & Recommendation (2) at pages 4-5 of the Report. The Report notes at Remark (3) that"....it was noted from the commercial invoices that all the items at S.No.26 to 88 were supplied by LG Chem Limited, Seuol, South Korea. The applicant informed that an amount of $665230.65 to be paid to LG Chem Limited, Korea".
4. In addition to the above, as has been the case with other inventory identified in the memo dated 17 November, 2020, which was previously sold in compliance of orders dated 06 April, 2021 passed by this Hon'ble Court, the Applicant undertakes to execute the sale of the inventory indicated at Annexure C of I.A. No.2 of 2021 and deposit the sale proceeds with the District Collector, Visakhapatnam."
Considering the submissions made by the learned counsel for the parties and the report submitted by the Committee and short-affidavit of the applicant/respondent No.8, we dispose of I.A. No.2 of 2021 allowing the applicant/respondent No.8 to Sl. DATE ORDER OFFICE NOTE No. re-export/sell the items as per the recommendations of the Committee and deposit the value of the inventory before the District Collector, Visakhapatnam District.
Post these matters for consideration in the week commencing 17.01.2022.
PRASHANT KUMAR MISHRA, CJ M. SATYANARAYANA MURTHY, J GM