Calcutta High Court
The Collector Of Customs (Now ... vs Messrs Syndicate Exports & Ors on 25 June, 2008
APO 510 of 1992
GA 4791 of 2000
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction in Appeal from Its
Constitutional Writ Jurisdiction
Original Side
The Collector of Customs (now Commissioner of Customs) Calcutta & Ors.
-versus-
Messrs Syndicate Exports & Ors.
Mr. S.S.Saraf, Adv.
.....for the Appellants
Mr. S.P.Majumdar, Sr.Adv.
......for the Calcutta Port Trust.
Present :
The Hon'ble Justice
BANERJEE
-And-
The Hon'ble Justice
TAPAS KUMAR GIRI
June 25, 2008.
THE COURT : In 1991, the respondent no.1 imported second hand industrial
sewing machines from abroad. The Customs Authorities inordinately delayed assessment of the duty that resulted detention of goods for a considerable period. The Calcutta Port Trust levied the same at a total sum of Rs. 5,44,716/-. The respondent no.1 filed a writ petition in 1991, being Matter No. 708 of 1991, wherein an interim order was passed directing release of the goods upon furnishing a Bank Guarantee. An appeal was preferred. The Division Bench modified the order of the learned Single Judge and the goods were released. Hence, the respondent no.1 is no more interested in this litigation. The appeal was finally disposed of by confirming the interim order passed earlier. The 2 writ petition came up for final hearing before the learned Single Judge on April 21, 1992, when His Lordship held that the Customs Authorities were responsible for the delay and, as such, they must pay demurrage assessed by the Port Trust Authority. His Lordship directed the Customs Authorities to pay the sum of Rs. 5,44,716/- towards demurrage charge to the Calcutta Port Trust. Hence this appeal by the Customs Authorities.
It now appears that since 1992 this appeal is pending. The appellant-Customs Authorities have not filed any Paper Book for the last 16 years. They have not taken any step in the appeal. They were also unsuccessful in obtaining any order of stay from the Division Bench.
As appears from the record, this application has been made by the Port Trust Authority for a direction upon the appellant to pay the said sum of Rs. 5,44,716/- by the Customs Authorities. This application is also pending for the last 8 years.
Heard Mr. Saraf, learned Counsel appearing for the Customs Authorities and Mr. Majumdar, learned Counsel appearing for the Calcutta Port Trust. In our considered view, since no step has been taken in the appeal for the last 16 years, the appeal deserves to be dismissed.
The Customs Authorities are directed to comply with the direction given by the learned Single Judge by making payment of the sum of Rs. 5,44,716/- to the Port Trust Authority within a period of two weeks from date.
The Appeal, being APO 510 of 1992, is, thus, dismissed without, however, any order as to costs. The application, being GA 4791 of 2000, is also disposed of without any order as to costs.
3
Urgent photostat certified copy of the order, if applied for, may be supplied to the parties subject to their compliance with the requisite formalities.
( Banerjee, J ) ( Tapas Kumar Giri, J ) rnc.