1 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 5.8.2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Contempt Petition Nos.884 to 887, 889 to 896, 1045 & 1058 to 1060, 919 & 920, 968 to 973, 1104 to 1107 of 2011 M/s.Jai Bhawani Traders, Village Kharahara (Kurkuthiya), Bhatewara, P.O.Sandwa, Mirzapur, Uttar Pradesh 231 001, Rep. By its Proprietor, Shri Jai Prakash Dubey. ... Petitioner Cont. Petition No.884 of 2011 M/s.Best Mega International, GL-6, Ansal Bhawan, K.G.Marge, New Delhi 110 001, Rep. By its Proprietor Shri Rajes Kumar Khetterpal. ... Petitioner Cont. Petition Nos.885 & 889 of 2011 M/s.Kiran Office Solutions Village Bhatewara, P.O.Sandwa, Mirzapur, Uttar Predesh 231 001, Rep. By its Proprietor, Shri Vipin Chandra Dubey. ... Petitioner Cont. Petition Nos.886, 887 & 895 of 2011 M/s.Unistar Enterprises, 88, Rana Pratap Market, Karol Bagh, New Delhi 110 005, Rep. By its Proprietor, S.K.Khettarpal. ... Petitioner Cont. Petition No.890 of 2011 M/s.Prius Technologies, B-7, Prabhat Kiran Building, Rajendra Place, New Delhi 110 008, Rep. By its Proprietor Ankit Khetterpal. ... Petitioner Cont. Petition No.891 of 2011 https://hcservices.ecourts.gov.in/hcservices/ 2 M/s.Priyam Enterprises, Tandanpuri Colony, Bathua Road, Mirzapur, U.P-231 001, India, Rep. By its Proprietor Shyamji Tiwari. ... Petitioner Cont. Petition Nos.892, 894 & 896 of 2011 M/s.Shivendra Enterprises, Dubki Kala, Handia, Allahbad, U.P.221 503, India, Rep. By its Proprietor, Shivendra Kumar Singh. ... Petitioner Cont. Petition No.893 of 2011 Sri Sai Solutions, No.38-A, Rajaji Street, West Tambaram, Chennai 600 045, Rep. By its Proprietor, Shri Sairam. ... Petitioner Cont. Petition No.919 of 2011 M/s.City Office Equipment, No.16, Aziz Mulk, 4th Street, Thousand Lights, Chennai 6, Rep. By its Proprietor, Pawan Kumar Jhunjhunwala. ... Petitioner Cont. Petition No.920 of 2011 M/s.GEE KAY Computers, Rep. By its proprietor Gaurav Katherpal, B-7, Prabhat Kiran Building, Rajendra Place, New Delhi 110 008. ... Petitioner Cont. Petition No.968 of 2011 M/s.Vinay Auto Copier Machine, Rep. By its proprietor Vinay Kumar Tiwari, Village & Post-Sarai, Civil URF Khaptiha, Saidabad, Allahabad, U.P.221 508. ... Petitioner Cont. Petition Nos.969, 1045 of 2011 M/s.Sagar Copier, Rep. By its Proprietor Pragji Raghavji Bharsadia, Shop No.37, Modi Street, Fort, Mumbai 400 001. ... Petitioner Cont. Petition No.970 of 2011 https://hcservices.ecourts.gov.in/hcservices/ 3 M/s.Be Office Automation Products Products (P) Ltd., Rep. By its Director R.B.Yadav, No.1, Mini Market, Nank Pura, Moti Bagh Gurudwara, New Delhi 110 022. ... Petitioner Cont. Petition No.971 of 2011 M/s.Pearl Enterprises, Rep. By its proprietor Davinder Kharbanda, AC-18, Tagore Garden, New Delhi 110 027. ... Petitioner Cont. Petition No.972 of 2011 M/s.Delhi Photocopiers, Rep. By its propreitor Jitender Mohan, R-28, Navin Shahdara, Delhi 110 032. ... Petitioner Cont. Petition No.973 of 2011 M/s.Sri Banashankar Traders, Rep. By its Proprietor K.S.Nagaraju, No.7, Anand Complex, 1st Floor, New International Airport Road, Hunsamaranahalli, Bangalore 57. ... Petitioner Cont. Petition No.1058 of 2011 M/s.Sai Graphics, Rep. By its proprietor T.Ashok Kumar, D.No.3-2-783/B, Rahmatbagh, Beside Badruka College, Kanchiguda, Hyderabad, A.P. 500 027. ... Petitioner Cont. Petition No.1059 of 2011 M/s.Krishna Trading, Rep. By its proprietrix N.Sindhu, No.1/4A, Annai Velankanni Nagar, Vilankurichi Road, Saravanampatti P.O., Coimbatore 641 035. ... Petitioner Cont. Petition No.1060 of 2011 M/s.Arihant Marketing, Rep. By its Proprietor Shri Rajiv Kumar Jain, No.7/1, Sukhlal Johari Lane, 2nd Floor, Banstolla Street, Kolkatta 700 007. ... Petitioner Cont. Petition No.1104 of 2011 https://hcservices.ecourts.gov.in/hcservices/ 4 M/s.Anand Impex, No.507/31, Jessore Road, Kolkatta 700 074, Rep. By its proprietor Shri Tapan Kumar Saha. ... Petitioner Cont. Petition Nos.1105,1106 of 2011 Shri Tapan Kumar Saha, Proprietor M/s.Anand Impex, No.507/31, Jessore Road, Kolkatta 700 074. ... Petitioner Cont. Petition No.1107 of 2011 Vs 1.S.Kannan, The Commissioner of Customs (Seaport-Exports), Custom House, No.60, Rajaji Salai, Chennai 1. ... 1st Respondent in Cont.P.Nos.884 to 887, 889 to 896, 919, 920,968 to 973, 1045, 1104 to 1107 of 2011 2)P.K.Behara, The Addl. Commissioner of Customs (Group-7B), Custom House, No.60, Rajaji Salai, Chennai 1. ... 2nd Respondent Cont. Petition Nos.884 to 887, 919,920,1104 to 1107 of 2011 3)M.G.Thamizhavalavan, I.R.S., The Addl. Commissioner of Customs (Group-7B), Customs House, No.60, Rajaji Salai, Chennai 1. ... 2nd Respondent Cont. Petition Nos.889 to 896, 1045 of 2011 4)Tamilvalavan, I.R.S., Additional Commissioner of Customs, Gr,7B, Custom House, No.60, Rajaji Salai, Chennai 1. ... 2nd Respondent Cont. Petition Nos.968 to 973 of 2011 5)Alok Shukla, I.R.S., Commissioner of Customs (Seaport-Import), Custom House, No.60, Rajaji Salai, Chennai 1. ... 1st Respondent in Cont.P.Nos.1058 to 1060 of 2011 6)Promathkumar, I.R.S., Additional Commissioner of Customs, Gr.5, Custom House, No.60, Rajaji Salai, Chennai 1. ... 2nd respondent Cont. Petition No.1058 to 1060 of 2011 https://hcservices.ecourts.gov.in/hcservices/ 5 The Contempt Petition has been filed under Section 11 of the Contempt of Courts Act, 70/71, to punish the respondents under Section 11 of the Contempt of Court Act for having wilfully and deliberately disobeying the order of this Court passed in W.P.Nos.14151 to 14154, 13683,13692,13693,14001,14002,14006,14086,14094,13827, 13962,13704,8378,14157,14155,13842,13828,13964,13965,13567, 13566,13839,14156,14158 of 2011, dated 21/03/2011,13/06/2011, 14/06/2011, 15/06/2011, 16/06/2011, 17/06/2011. For petitioner : Mr.A.K.Jayaraj Cont.P.Nos.968 to 973 of 2011 Cont.P.Nos.1045, 1058 to 1060 of 2011 For petitioner : Mr.N.Viswanathan Cont.P.Nos.884 to 887 of 2011, Cont.P.Nos.919 & 920 of 2011, 1104 to 1107 of 2011 For petitioner : Mr.P.Jagadeesan Cont.P.Nos.889 to 896 of 2011 For respondents in Cont.P.Nos.884 to 887 of 2011 Cont.P.Nos.889 to 896, 919 & 920, 968 to 973 of 2011 :Mr.T.R.Senthil Kumar For respondents in Cont.P.Nos.1104 to 1107 of 2011 Cont.P.Nos.1045,1058 to 1060 of 2011 :Mr.K.Ravi Anantha Padmanabhan https://hcservices.ecourts.gov.in/hcservices/ 6 C O M M O N O R D E R Since, the issues involved in all the contempt petitions are similar in nature, they have been taken up together and a common order is being passed. 2. These contempt petitions have been filed praying that this Court may be pleased to punish the respondents for their willful disobedience of the orders passed by this Court in the above writ petitions. 3. This Court, by its orders passed in the above writ petitions, had directed the respondents to release the goods in question, forthwith, on the petitioners depositing 25% of the enhanced value, apart from paying the applicable rate of duty on the enhanced value. 4. The learned counsels for the petitioners had submitted that, in spite of the said directions having been issued by this Court, the respondents had refused to release the goods in question. The respondents had also filed writ appeals against some of the orders passed by this Court in the above writ petitions. In the said writ appeals, in W.A.Nos.1190 to 1194 of 2011 and M.P.Nos.1 to 1 of 2011, filed by the respondents, the First Bench of this Court, by its order, https://hcservices.ecourts.gov.in/hcservices/ 7 dated 20.7.2011, had passed the following order: "The appeals will be heard. The prayer for stay is refused. The appellant is directed to comply with the order of the learned single Judge within two weeks from today upon the writ petition as complying with the directions issued therein. Put up after three weeks." 5. The learned counsel appearing on behalf of the respondents had submitted that in view of the said direction issued by the First Bench of this Court and in compliance with the orders passed by this Court, the respondents had released the goods in question. 6. The learned counsel for the respondents had also submitted that the Detention Certificates had also been issued to the petitioners. 7. The learned counsels appearing on behalf of the petitioners had submitted that the petitioners had cleared the goods in question, as per the directions issued by this Court, and they had also paid the demurrage charges. 8. The learned counsels appearing on behalf of the petitioners had further submitted that the petitioners should be permitted to claim the refund of the demurrage charges paid by the petitioners, in view of the Detention Certificates issued by the respondents. https://hcservices.ecourts.gov.in/hcservices/ 8 9. In such circumstances, in view of the fact that the goods in question had been cleared by the respondents, as directed by this Court, this Court is of the view that no further orders are necessary in the present contempt petitions. Hence, the contempt petitions are closed. However, it goes without saying that it would be open to the petitioners to make a claim for the refund of the demurrage charges paid by them, if so advised, in the manner known to law. No costs. Connected Sub A.Nos.439, 440 and 441, 386 387, 388, and 389, 404 and 405, 415, 416, 417, 418, 419 and 420, 451, 452, 453, and 454 of 2011 are closed. Lan SD/- DEPUTY REGISTRAR (OS) //Certified to be true copy// Dated at Madras this the day of 2011. COURT OFFICER (O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the orders/judgments/Decrees in this format. KS(CO) SMV/13/10/2011 https://hcservices.ecourts.gov.in/hcservices/ 9 To: 1. Mr.Kannan I.R.S., Commissioner of Customs (Seaport-Export) Custom House, No.60, Rajaji Salai Chennai – 600 001 2. Mr.Tamilvalavan I.R.S., Additional Commissioner of Customs Gr.7B Custom House, No.60, Rajaji Salai Chennai – 600 001 3)P.K.Behara, The Addl. Commissioner of Customs (Group-7B), Custom House, No.60, Rajaji Salai, Chennai 1. 4)Alok Shukla, I.R.S., Commissioner of Customs (Seaport-Import), Custom House, No.60, Rajaji Salai, Chennai 1. 5)Promathkumar, I.R.S., Additional Commissioner of Customs, Gr.5, Custom House, No.60, Rajaji Salai, Chennai 1. 1.One CC to Mr.T.R.SenthilKumar, Advocate SR.No.8637/2011 2.One CC to Mr.K.Ravi Anantha Padmanaban, Advocate SR.No.8510/2011 3.Eight CC to Mr.P.Jagadeesan, Advocate SR.No.8428 to 8935/2011 https://hcservices.ecourts.gov.in/hcservices/