1996 (10) TMI 115 - HC - Customs

Enforcement of Tribunal Orders Upheld by High Court with Customs Surety

The High Court of Judicature at Madras upheld the direction for the implementation of the Customs, Excise and Gold (Control) Appellate Tribunal's order, ... Writ jurisdiction not invokable Issues:1. Implementation of order by Customs, Excise and Gold (Control) Appellate Tribunal2. Direction for security bond by the respondents3. Entitlement to seek security by the respondentsAnalysis:1. The appeal was filed against the order of a learned single Judge in a writ petition seeking direction for the implementation of the Customs, Excise and Gold (Control) Appellate Tribunal's order. The single Judge directed the respondents to implement the Tribunal's order within a week, emphasizing the binding nature of the Tribunal's decisions on subordinate authorities unless stayed by a competent court. The respondents were also allowed to require the petitioner to provide a customs surety or security bond to cover disputed amounts.2. The respondents filed a writ appeal against the single Judge's order, which was dismissed. The Court extended the time for implementation of the Tribunal's order by two weeks. The Court highlighted that the Customs Department could demand a solvent surety to cover the disputed amounts before implementing the Tribunal's order, emphasizing the importance of providing necessary security before execution.3. A subsequent application sought directions for releasing goods covered by certain bills of entry without a solvency certificate but with an undertaking not to alienate the goods. The Court considered whether the respondents could insist on security. It was clarified that the party succeeding before the Tribunal could approach the Court for direction to implement the Tribunal's order. However, the Court held that a direction for security in favor of the respondents, against the Tribunal's order, could not be sustained as it amounted to granting relief against the Tribunal's decision.4. The Court modified its previous order to allow the appellant to furnish a personal bond on behalf of the company for any amount due to the Department if it succeeds in the Supreme Court. The bond was required to include details of the imported machines and the company's net worth. Upon executing the personal bond, the goods in question were to be released. Additionally, a dismissed application was mentioned in the judgment.This detailed analysis provides insights into the legal issues, arguments, and decisions made by the High Court of Judicature at Madras in the referenced judgment regarding the implementation of the Customs, Excise and Gold (Control) Appellate Tribunal's order and the direction for a security bond by the respondents.