1992 (8) TMI 83 - HC - Customs

Writ petition premature pending Tribunal's decision. Bank guarantee maintained. Legal procedures emphasized.

The High Court found the writ petition premature as the demurrage charges liability was pending the Tribunal's final decision on an earlier order. The ... Writ Jurisdiction - Premature Issues:Claim of full remission of demurrage charges, denial of benefit of detention certificates by Bombay Port Trust, petition for amending the petition, premature writ petition, consideration of demurrage charges by B.P.T., agitating the issue of exemption of demurrage, undertaking to keep bank guarantee alive, disposal of the writ petition.Analysis:The judgment revolves around the claim of full remission of demurrage charges and the denial of benefit of detention certificates by the Bombay Port Trust (B.P.T.). The petitioners had previously challenged an order confiscating imported goods, leading to directions to file an appeal before the Tribunal. As the matter is sub-judice before the Tribunal, the High Court deemed the writ petition premature, with demurrage charges liability pending the Tribunal's final decision on the earlier order. The B.P.T. assured to consider the petitioners' claim for remission if successful before the Tribunal, urging a fair assessment without influence from prior rejections. The petitioners were allowed to keep the bank guarantee active until the Tribunal's decision and were given a timeframe to apply for relief regarding demurrage charges. The Court disposed of the writ petition, keeping all contentions open and no costs awarded.The Chamber Summons sought to amend the petition, referencing extracts from a Remission Committee meeting where the demurrage charges remission claim was rejected. Despite the Tribunal's pending decision, the Court emphasized the premature nature of the writ petition, linking demurrage charges liability to the Tribunal's final ruling. The B.P.T. committed to impartially reviewing the petitioners' remission claim post-Tribunal decision, emphasizing adherence to legal procedures. The petitioners were permitted to pursue demurrage exemption with the B.P.T. even if unsuccessful before the Tribunal, ensuring the issue remained open for future consideration.The petitioners undertook to maintain the bank guarantee and agreed to approach the B.P.T. within a specified timeframe if seeking demurrage relief, with the B.P.T. mandated to decide on such applications promptly and in compliance with the law. The Court's order disposed of the writ petition, with no separate order on the Chamber Summons, leaving all contentions open and no costs imposed. The judgment highlighted the interplay between the Tribunal's pending decision, the B.P.T.'s commitment to fair assessment, and the petitioners' obligations regarding the bank guarantee and future applications for demurrage relief.