Bombay High Court
M And A Metals Ltd vs Union Of India Thr. Sec. Ministy Of Law ... on 28 March, 2023
Author: Abhay Ahuja
Bench: Nitin Jamdar, Abhay Ahuja
1 10. WP 3900.23.doc
JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3900 OF 2023
M and A Metals Ltd. ... Petitioner
V/s.
Union of India and Ors. ... Respondents
Dr. Sujay Kantawala with Ms. Chandni Tanna and Mr. Sujit Sahoo
i/b. India Law Alliance for the Petitioner
Mr. Sachin S. Punde for Respondent 4
Mr. Prithviraj Choudhuri i/b. Pythagoras Legal for Respondent 5
Mr. Ashish Verma for Respondent 6
CORAM : NITIN JAMDAR &
ABHAY AHUJA, JJ.
DATE : 28 MARCH 2023 P.C. :-
Heard the learned Counsel for the parties.
2. The Petitioner is before us with a prayer which essentially would require directing the Respondent Nos. 2 and 3 - the Commissioner of Customs to exercise the power under Section 30 of the Customs Act, 1962 to modify the Import General Manifest ::: Uploaded on - 30/03/2023 ::: Downloaded on - 30/03/2023 19:23:40 ::: 2 10. WP 3900.23.doc (IGM) which currently is in favour of one Pushkaraj Ispat (India) LLP and according to the Petitioner, also in the name of Respondent No.5. The learned Counsel for Respondent No.5 submits that the Respondent No.5 has not abandoned the goods and has claim against the Petitioner and there is an inter-se dispute between the parties. He states that other party on whose name the IGM currently stands is not made party Respondent.
3. Prima-facie, we find that the power to decide the civil dispute between the parties cannot be conferred upon the Custom Officer. Deciding the inter-se dispute is a quasi-judicial power and cannot be conferred by implication. However, before we proceed further to examine the issue before us, on our suggestion, the learned Counsel for the Petitioner and Respondent No.5 state that they are not avers for making an attempt to resolve the inter-se dispute.
4. Accordingly, we defer the hearing of this Petition to 6 April 2023. Parties will hold a joint meeting before the next date.
5. Leave is granted to join Pushkaraj Ispat (India) LLP as party Respondent. Amendment to be carried out during the course of the day. The Petitioner would consider involving the added Respondent also in the discussion.
::: Uploaded on - 30/03/2023 ::: Downloaded on - 30/03/2023 19:23:40 :::3 10. WP 3900.23.doc
6. As regards the apprehension of the Petitioner that auction of the goods in the meanwhile, the learned Counsel for the Respondent No.4 states that the goods are in its custody and unless an Authorized Officer grants permission, they cannot be sold. Therefore, we find this apprehension is unwarranted.
ABHAY AHUJA, J. NITIN JAMDAR, J.
::: Uploaded on - 30/03/2023 ::: Downloaded on - 30/03/2023 19:23:40 :::