International Refrigeration Corporation v. The Deputy Commissioner Of Customs

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 89/2021 INTERNATIONAL REFRIGERATION CORPORATION ..... Petitioner Through:

Ms. Vijay Laxmi Mewara, Advocate.

(through VC) (Email:

Panditmewara@gmail.com Mobile: 9717172611) versus THE DEPUTY COMMISSIONER OF CUSTOMS ..... Respondent Through:

Mr. Shubham Tyagi, SC-CBIC

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 09.01.2024

O R D E R

1.

The present contempt petition has been filed under Section 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, alleging non-compliance of the order dated 16th December, 2019 passed by this Court in W.P.(C) 4545/2014, wherein this Court had directed the respondent no. 1 to release the payment to the petitioner as per law.

th 2.

It is noted that by order dated 16 December, 2019, this Court had directed as follows:

"The learned counsel for the respondents submits that as far as the last lot of goods lying in the warehouse of the petitioner is concerned, the same has been inspected and upon valuation further process of auction is being undertaken.

The proprietor of the petitioner submits that for the earlier auction, certain amount is due and payable from the respondents to the petitioner.

If that be so, the respondents shall expedite the release of payment to the petitioner as per law.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 12:16:01

The petition is disposed of with the above directions. Dasti."

3.

Learned counsel for the petitioner submits that the principal amount after the auction of the goods has already been released to the petitioner. However, she submits that no interest has been paid to the petitioner. 4.

Learned counsel for the respondent on the other hand disputes the said contention and submits that no such direction for payment of interest was made in the order dated 16th December, 2019 passed in W.P.(C) 4545/2014.

5.

This Court has perused the order passed in the writ proceedings. It is noted that there were no directions for payment of any interest to the petitioner. Therefore, the submission of the petitioner for payment of interest cannot be considered by this Court.

6.

At this stage, learned counsel for the petitioner submits that she has no objection if the present contempt petition is closed. 7.

In view of the aforesaid, the present contempt petition is disposed of as satisfied.

MINI PUSHKARNA, J JANUARY 9, 2024 au The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 12:16:01