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Supreme Court - Daily Orders

Itc Ltd. vs Norasia Container Lines Ltd. . on 5 February, 2020

Author: Chief Justice

Bench: Chief Justice, B.R. Gavai, Surya Kant

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                                       IN THE     SUPREME COURT OF INDIA

                                        CIVIL APPELLATE JURISDICTION


                                  CIVIL APPEAL NO. 9706-9708 OF 2010


                         ITC LTD.                                            APPELLANT(S)

                                                     VERSUS

                         NORASIA CONTAINER LINES LTD. & ORS.                    RESPONDENT(S)

                                                     WITH

                              CIVIL APPEAL NO. 9706-9708 OF 2010


                                                   O R D E R

Heard learned counsel for both sides.

1. It is not disputed that the objectionable material has been sent back to the original exporter in the United States. Thus, any alleged illegality in relation to the Customs Act, 1966 is not survived. The appellant appears to have shown their bona fides by ensuring the return of the offensive material.

2. In these circumstances, we see no reason why direction No. (iv) in paragraph 47 of the impugned judgment should not be set aside. We order Signature Not Verified accordingly. Digitally signed by DEEPAK SINGH Date: 2020.02.10 18:55:57 IST Reason:

3. However, O.S. No. 7 of 2007 pending before the District Court, Tuticorin may be disposed of as 2 expeditiously as possible, if pending.

4. The appeals are disposed of in the above terms.

.................CJI.

[ S.A. BOBDE ] ...................J. [ B.R. GAVAI ] ....................J. [ SURYA KANT ] NEW DELHI, FEBRUARY 05, 2020.

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ITEM NO.103                       COURT NO.1                      SECTION XII
                 S U P R E M E C O U R T O F       I N D I A
                         RECORD OF PROCEEDINGS

Civil Appeal    No(s).   9706-9708/2010

ITC LTD.                                                Appellant(s)
                                   VERSUS
NORASIA CONTAINER LINES LTD.     & ORS.                Respondent(s)


WITH

C.A. No. 9709-9711/2010 (XII) Date : 05-02-2020 These appeals were called on for hearing today. CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE SURYA KANT For Appellant(s) Mr. Arvind P Datar, Sr. Adv.
Mr. Kishan Rawat, Adv.
Mr. Rajan Narain, AOR For Respondent(s) Mr. M. T. George, AOR Mrs. Susy Abraham, Adv. Mr. Johns George, Adv.
Mr. S. Ravi Shankar, AOR Mr. A.K. Shrivastava, Sr. Adv. Mr. Rupesh Kumar, Adv.
Ms. Aruna Gupta, Adv.
Mr. Umesh Kumar Saw, Adv. Mr. B. Krishna Prasad, AOR Mrs. Anil Katiyar, AOR Mr. R. Nedumaran, AOR Mr. S. Muthukrishnan, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeals are disposed of in terms of the signed order.
[ CHARANJEET KAUR ] [ INDU KUMARI POKHRIYAL ] A.R.-CUM-P.S. ASSTT. REGISTRAR [ Signed order is placed on the file ]