2004 (9) TMI 131 - HC - Central Excise

High Court affirms City Civil Court's decision, emphasizing statutory provisions in Central Excise Act.

HINDUSTAN LAMINATORS PVT. LTD. Versus UNION OF INDIA

The High Court at Calcutta affirmed the decision of the City Civil Court, summarily dismissing the appeal. The judgment focused on interpreting Section 9 ... Jurisdiction Issues:1. Interpretation of Section 9 of the Civil Procedure Code regarding the jurisdiction of the Civil Court.2. Applicability of statutory provisions in the Central Excise Act for redressal of grievances.3. Comparison of previous legal judgments to determine the jurisdiction of the Civil Court.4. Implications of the Constitution Bench Judgment in Mafatlal Industries v. Union of India on the jurisdiction of Civil Courts.5. Analysis of the Supreme Court judgment in ITW Signode India Ltd. v. Collector of Central Excise on jurisdictional questions.Issue 1: Interpretation of Section 9 of the Civil Procedure CodeThe judgment revolves around the interpretation of Section 9 of the Civil Procedure Code, specifically addressing the jurisdiction of the Civil Court. The petitioner challenged the order of the City Civil Court at Calcutta, which refused to entertain the suit based on Section 9 of the Code, citing a bar on its jurisdiction. The appellant argued that unless there is a specific statutory bar, the Civil Court should have entertained the civil suit.Issue 2: Applicability of statutory provisions in the Central Excise ActThe case involved a dispute related to central excise duties under the Central Excise Act, with detailed machinery provided for redressal of grievances. The judgment highlighted that the Act's provisions, including remedies up to the High Court and Supreme Court, impliedly barred the jurisdiction of the Civil Court. The Court found no error in the City Civil Court's decision to refuse jurisdiction based on the detailed provisions under the Central Excise Act.Issue 3: Comparison of previous legal judgmentsThe judgment extensively compared and analyzed previous legal judgments, including the Privy Council's decision in Mask & Co. and the Supreme Court's rulings in cases like Ram Swarup and Mafatlal Industries. The Court emphasized that the statutory provisions in the Central Excise Act created a self-contained mechanism for addressing grievances, leading to an implied bar on the Civil Court's jurisdiction.Issue 4: Implications of the Constitution Bench Judgment in Mafatlal IndustriesThe judgment discussed the implications of the Constitution Bench Judgment in Mafatlal Industries v. Union of India, which held that claims for refund must be pursued under the provisions of the Central Excise Act, barring suits for refund of duty. The majority judgment emphasized that where a statute provides a complete mechanism for redressal, there is a bar on the Civil Court's jurisdiction by implication.Issue 5: Analysis of the Supreme Court judgment in ITW Signode India Ltd.The judgment also analyzed the Supreme Court's decision in ITW Signode India Ltd. v. Collector of Central Excise, focusing on jurisdictional questions. The Court differentiated the application of the Supreme Court's power under the Central Excise and Salt Act from the jurisdiction of a Civil Court, emphasizing that the statutory provisions under the Act provided adequate remedies, implying a bar on Civil Court jurisdiction.In conclusion, the High Court at Calcutta affirmed the decision of the City Civil Court, summarily dismissing the appeal based on the detailed analysis of statutory provisions, legal precedents, and the implied bar on the Civil Court's jurisdiction in matters related to the Central Excise Act.