Gujarat High Court
Unisilk Ltd vs Commissioner Of Customs & on 15 March, 2013
Author: Akil Kureshi
Bench: Akil Kureshi
UNISILK LTD.....Applicant(s)V/SCOMMISSIONER OF CUSTOMS C/MCA/3062/2012 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION (FOR DIRECTION) NO. 3062 of 2012 In SPECIAL CIVIL APPLICATION NO. 738 of 2002 ================================================================ UNISILK LTD.....Applicant(s) Versus COMMISSIONER OF CUSTOMS & 1....Opponent(s) ================================================================ Appearance: M/S TRIVEDI & GUPTA, ADVOCATE for the Applicant(s) No. 1 MS SEJAL K MANDAVIA, ADVOCATE for the Opponent(s) No. 1 - 2 ================================================================ CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI and HONOURABLE MS.JUSTICE HARSHA DEVANI Date : 15/03/2013 ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI) Heard learned counsel Shri Joshi for the applicant and Ms. Mandavia for the respondent on advance copy. By judgement dated 11.6.2012, we had disposed of Special Civil Application 738/2002 in the following manner :
20. Under the circumstances, the customs authorities are held liable to bear the demurrage charges actually paid by the petitioner from the date of the seizure till the actual release of the goods. Actual quantification thereof is left to the Commissioner of Customs, Kandla who may, upon the documents which the petitioner may produce within a period of four weeks from the date of receipt of this order, examine the genuineness of the demand of such charges and actual payment by the petitioner. To the extent such demand is found genuine and payment actually made, the customs authorities shall reimburse the petitioner with simple interest at the rate of 9% per annum from the date of payment by the petitioner till its reimbursement by the respondents. The petition is accordingly disposed of. Rule is made absolute accordingly.
It is stated that the petitioners have supplied necessary documents as provided in the said judgement. The respondents however, have not taken a final decision so far. It is directed that such decision shall be taken latest by 15.5.2013.
With this direction, MCA is disposed of.
(AKIL KURESHI, J.) (HARSHA DEVANI, J.) raghu Page 2 of 2