Delhi High Court - Orders
A R Sales Pvt Ltd vs Union Of India & Ors on 6 March, 2024
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~81
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3121/2024
A R SALES PVT LTD. ..... Petitioner
Through: Mr. R.K. Handoo, Mr. B.K. Singh,
Mr. Santosh Kumar Yadav, Ms.
Niharika, Mr. Yoginder Handoo and
Mr. Ashwin Kataria, Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Arjun Mahajan, Sr. Panel
Counsel with Ms. Neha Rai and Mr.
Apoorv Upmanyu, Advocates and
Mr. Aakash Meena, GP for UoI/R-1
to 3.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 06.03.2024 CM APPL. 12797/2024 (Exemption) Allowed, subject to all just exceptions.
CM APPL. 14041/20241. This application has been filed on behalf of the Petitioner seeking impleadment of the Commissioner of Custom, New Custom House, Near IGI Aipot, New Delhi, as Respondent No.5 in the writ petition.
2. The application is allowed. Let amended memo of parties be filed.
3. On amended memo of parties being filed and payment of process fee, let notice be issued to the aforesaid proposed Respondent No.5 through all permissible modes, including Dasti.
W.P.(C) 3121/2024 Page 1 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2024 at 20:47:57
4. The application is disposed of.
W.P.(C) 3121/2024 & CM APPL. 12796/2024
1. The Petitioner has approached this Court challenging the Communication dated 02.02.2024 issued by the Respondents whereby the Petitioner has been directed to obtain SCOMET authorisation from DGFT for exporting "Aircraft Engines/Parts/Components and other related items"
on the ground that the Petitioner has been exporting the "Aircraft Engines/Parts/Components" to a single country which potentially falls under the SCOMET list based on the end use.
2. Learned Counsel appearing for the Petitioner contends that these items are not there in the list and, therefore, per se the direction to obtain the SCOMET authorisation from DGFT is not sustainable in law. He states that roughly about 46 consignments have already been exported by the Petitioner from the country and, therefore, this new condition cannot be imposed in the midst of continuous exports. He further states that the Petitioner is suffering huge demurrage owing to the fact that goods are being kept in a warehouse. He states that apart from paying substantial demurrage, the Petitioner is also facing the risk of losing the export Orders and other civil consequences.
3. Issue notice.
4. Mr. Arjun Mahajan, learned Sr. Panel Counsel, accepts notice on behalf of Respondent Nos.1 to 3.
5. Counter affidavit be filed within ten days from today. Rejoinder thereto, if any, be filed within three days thereafter.
6. Till the counter affidavit is not filed, this Court is not inclined to grant any interim relief at this stage.
7. It is always open for the Petitioner to file a representation before the W.P.(C) 3121/2024 Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2024 at 20:47:57 Respondents regarding keeping of goods of the Petitioner in the Custom Warehouse without any charge.
8. List on 02.04.2024.
SUBRAMONIUM PRASAD, J MARCH 6, 2024 S. Zakir W.P.(C) 3121/2024 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2024 at 20:47:58