1986 (8) TMI 83

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.... 1986 and this day upon perusing the petitions and the respective affidavits filed in support thereof, and the order of this court dated 25-4-1986 and made in W.M.P. No. 5466 of 1986 and upon hearing the arguments of Mr. R. Thiagarajan, for Mr. M. Dhamodharan, advocate for the petitioner in both the petitions and Mr. P. Narasimhan, Central Government Standing Counsel on behalf of the respondent in....

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.... 5466 of 1986. It is thus obvious that the order passed on 25-4-1986 in W.M.P. No. 5466 of 1986 is an ex parte order, and therefore, the respondent is entitled to contest the very application W.M.P. No. 5466/1986. 2. The point involved in the writ petition is, whether the ship sold in distress, under orders of this court in its Admiralty Jurisdiction, will be subject to any customs duty on the ....

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....re is bank guarantee. On the contrary, Mr. P.S. Narasimhan, learned Central Government Senior Counsel, would submit that the writ petition itself is not maintainable. For, only after notice to the petitioner, the ship is liable to customs duty, until then no cause of action will arise for the petitioner to resort to Article 226 of the Constitution of India. According to him, the petitioner had to ....

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....favour, the vessel is liable to customs duty. For the present, I am only concerned as to how the rights of both parties could be preserved, without affecting the interest of one or the other as far as possible. As a purchaser of the distress vessel, the petitioner has a right to break the same and dispose of the dismantled materials. But then at the same time in order to avoid any controversy as t....