IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 29953 of 2009(L) -------------------------- PETITIONER: --------------- ARPM LOGISTICS (HYD) PVT. LTD., 405, ARCHANA APARTMENTS, GOLCONDA X ROADS, HYDERABAD-500 020, REP. BY THE MANAGING DIRECTOR M.RAMAKRISHNA RAO. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: --------------- 1. UNION OF INDIA, REP. BY THE CENTRAL BOARD OF CUSTOMS AND CENTRAL EXCISE, NEW DELHI. 2. THE COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, COCHIN-09. 3. THE ASSISTANT COMMISSIONER OF CUSTOMS, IMPORTS AND BONDS, CUSTOMS HOUSE, COCHIN-09. 4. THE ASSISTANT COMMISSIONER OF CUSTOMS, DISPOSAL UNIT, CUSTOMS HOUSE, COCHIN-09. 5. M/S.KONKAN STORAGE SYSTEMS (KOCHI) PVT. LIMITED, PLOT NO.64 65 66, A2 AREA, SOUTH END RECLAMATION, MATSYAPUR WILLINGDON ISLAND, COCHIN-682020. ADDL.R6:- KONKAN STORAGE SYSTEMS (P) LIMITED 2ND MAIN, 4TH BLOCK, RAJAJI NAGAR BANGALORE-560010, REPRESENTED BY ITS DIRECTOR C.RAVISANKER ADDITIONAL R6 IMPLEADED VIDE ORDER DATED 9/11/09 IN I.A.13769/09. ADV. SRI.JOHN VARGHESE,SC,CEN.BOARD OF EXCIS FOR R1TO4 SRI.P.JACOB VARGHESE, SENIOR ADVOCATE FOR R5 SRI.K.K.CHANDRAN PILLAI SRI.A.S.SAJUSH PAUL SRI.THOMAS JAMES MUNDACKAL SRI.BOBBY THOMAS SRI.S.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29953 of 2009(L) 2 APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 : e-tender notification EXHIBIT P2 : letter No.ARPM/HYD/Mol/09-10 dtd.22/6/2009 EXHIBIT P3 : reply given through e-mail dtd.3/7/09 EXHIBIT P4 : LetterNo.ARPM/HYD/09-10 dtd.15/7/2009 EXHIBIT P5 : Letter No.ARPM/HYD/09-10 dtd.17/7/2009 EXHIBIT P6 : LetterNo.ARPM/HYD/Mol/09-10 dtd.21/8/2009 EXHIBIT P7 : Communication dtd.3/4/2009 EXHIBIT P8 : LetterNo.ARPM/HYD/Mol/09-10 dtd.24/8/2009 EXHIBIT P9 : LetterNo.ARPM/HYD/Mol/09-10 dtd.31/8/2009 EXHIBIT P10 : LetterNo.ARPM/HYD/Mol/09-10 dtd.10/9/2009 EXHIBIT P11 : LetterNo.ARPM/HYD/Mol/09-10 dtd.15/9/2009 EXHIBIT P12 : LetterNo.ARPM/HYD/Mol/09-10 dtd.16/9/2009 EXHIBIT P13 : LetterNo.ARPM/HYD/Mol/09-10 dtd.17/9/2009 enclosing copy of the letter given by the Commissioner of Customs dtd.16/9/2009. EXHIBIT P14 : LetterNo.ARPM/HYD/Mol/09-10 dtd.18/9/2009 EXHIBIT P15 : LetterNo.ARPM/HYD/Mol/09-10 dtd.22/9/2009 EXHIBIT P16 : LetterNo.ARPM/HYD/Mol/09-10 dtd.22/6/2009 EXHIBIT P17 : LetterNo.ARPM/HYD/Mol/09-10 dtd.23/9/2009 EXHIBIT P18 : LetterNo.ARPM/HYD/Mol/09-10 dtd.25/9/2009 WP(C).No. 29953 of 2009(L) 3 EXHIBIT P19 : LetterNo.ARPM/HYD/Mol/09-10 dtd.29/9/2009 EXHIBIT P20 : LetterNo.ARPM/HYD/Mol/09-10 dtd.29/9/2009 EXHIBIT P21 : LetterNo.ARPM/HYD/Mol/09-10 dtd.30/9/2009 EXHIBIT P22 : LetterNo.ARPM/HYD/Mol/09-10 dtd.1/10/2009 EXHIBIT P23 : LetterNo.ARPM/HYD/Mol/09-10 dtd1/10/2009 EXHIBIT P24 : LetterNo.ARPM/HYD/Mol/09-10 dtd.3/10/2009 EXHIBIT P25 : LetterNo.ARPM/HYD/Mol/09-10 dtd.9/10/2009 EXHIBIT P26 : LetterNo.ARPM/HYD/Mol/09-10 dtd.9/10/2009 EXHIBIT P27 : LetterNo.ARPM/HYD/Mol/09-10 dtd.10/10/2009 EXHIBIT P28 : LetterNo.ARPM/HYD/Mol/09-10 dtd.13/10/2009 EXHIBIT P29 : LetterNo.ARPM/HYD/Mol/09-10 dtd.14/10/2009 EXHIBIT P30 : LetterNo.ARPM/HYD/Mol/09-10 dtd.15/10/2009 EXHIBIT P31 : LetterNo.ARPM/HYD/Mol/09-10 dtd.16/10/2009 EXHIBIT P32 : LetterNo.ARPM/HYD/Mol/09-10 dtd.21/10/2009 RESPONDENTS' EXHIBITS:- EXHIBIT R3(a) : Order of the District Court, Ernakulam dtd.16/11/2007 in O.P.(Arb)179/2005 EXHIBIT R3(b) : Letter dtd.16/9/2009 issued to the 5th respondent EXHIBIT R3(c) : Letter dtd.3/10/2009 issued to the 5th respondent. WP(C).No. 29953 of 2009(L) 4 EXHIBIT R3(d) : Reply dtd.5/10/2009 submitted by the 5th respondent. EXHIBIT R3(e) : Communication dtd.9/10/2009 issued to the 5th respondent. EXHIBIT R3(f) : Letter dtd.19/10/2009 issued to the 5th respondent. EXHIBIT R3(g) : Affidavit dtd.8/10/2009 filed by the Department before the District Court, Ernakulam. True copy P.A. to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.29953 of 2009 ------------------------------------------------ Dated this the 1st day of March, 2010 JUDGMENT This writ petition is filed for a direction to the respondents 2 to 4 to ensure the delivery of the goods bid by the petitioner in the auction, for which payments have been effected, well before the arrival of the railway rakes. 2. Heard the learned counsel for the petitioner, learned Standing Counsel for the Central Board of Excise and Customs, learned Senior Advocate appearing for the fifth respondent and learned counsel appearing for the sixth respondent. 3. The facts of the case shows the following:- 10291.32 MT of cane molasses imported through the Cochin Port was brought to sale and sold in public auction for realisation of customs duty and other charges. The petitioner who offered Rs.5,00,00,001/- was the successful bidder in the public auction. He remitted the said sum of Rs.5,00,00,001/- and also the sum of Rs.63,15,000/- being the Value Added Tax payable for the goods. After the petitioner remitted the sum of Rs.5,63,15,001/- the Department of Customs appropriated the amounts due and payable to them and remitted W.P.(C)No.29953 of 2009 2 the balance sum of Rs.2,32,32,742/- in District Court, Ernakulam where a dispute between respondents 5 and 6 is pending. After the petitioner deposited the money, he was permitted to remove 2598.210 MT of cane molasses. The balance quantity was not released or removed in view of the objections raised by the fifth respondent. This writ petition was thereupon filed seeking a direction to the official respondents to ensure delivery of the goods purchased by the petitioner in the public auction. 4. This Court by order dated 13/11/2009 issued various directions with regard to the payment of money deposited by the Department of Customs in the proportion mentioned in I.A.No.13996 of 2009 and the District Court, Ernakulam was directed to pass appropriate orders in the matter also. Later by another order dated 21/12/2009, the above order was kept in abeyance, in the light of the fresh disputes which have arisen between 5th and 6th respondents. It was further clarified on 21/12/2009 that the order passed by this Court on 13/11/2009 to disburse the amount lying in the deposit of the District Court, Ernakulam will stand modified and amount shall not be disbursed to any person or persons. It was also directed that W.P.(C)No.29953 of 2009 3 either of the parties may move the District Court, Ernakulam to transfer the money to an interest earning deposit in a Nationalised Bank. 5. It is stated that the 6th respondent filed an application before the said Court and accordingly said amount has now been transferred to a fixed deposit account in the State Bank of India, Main Branch, Ernakulam. It is submitted that the disputes in O.S.No.276 of 2009, O.S.No.277 of 2009 and O.S.No.22 of 2010 pending before Sub Court, Kochi have been settled and there is no impediment to implement the order dated 13/11/2009. Therefore order dated 21/12/2009 is modified and it is made clear that the directions issued by this Court by order dated 13/11/2009 can be implemented by which the amount will have to be disbursed. The respective parties will move the District Court, Ernakulam for getting the amount disbursed. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj