Stelatoes, The Shoe Mall v. Union Of India & ORS.

$~12 to 16 * IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 7137/2016, CM No. 29402/2016 SISIKA SHOES & ACCESSORIES ..... Petitioner Through:

Mr. M.P. Devnath, Advocate along with Mr. Abhishek Anand and Mr.

Yogendra Aldak, Advocates.

versus UNION OF INDIA & ORS.

..... Respondent Through:

Mr. Pramod Kr. Rai, Sr. Standing Counsel along with Mr. Deepak Anand, Jr. Standing Counsel.

And W.P.(C) 7138/2016, CM No. 29404/2016 SSR RETAILS ..... Petitioner Through:

Mr. M.P. Devnath, Advocate along with Mr. Abhishek Anand and Mr.

Yogendra Aldak, Advocates.

versus UNION OF INDIA & ORS.

..... Respondent Through:

Mr. Pramod Kr. Rai, Sr. Standing Counsel along with Mr. Deepak Anand, Jr. Standing Counsel.

And + W.P.(C) 7140/2016 & CM No. 29406/2016 STELATOES, THE SHOE MALL ..... Petitioner Through:

Mr. M.P. Devnath, Advocate along with Mr. Abhishek Anand and Mr.

Yogendra Aldak, Advocates.

versus UNION OF INDIA & ORS.

..... Respondents Through:

Mr. Pramod Kr. Rai, Sr. Standing Counsel along with Mr. Deepak Anand, Jr. Standing Counsel.

And + W.P.(C) 7141/2016 & CM No. 29408/2016 STELATOES SHOE BAZAAR ..... Petitioner Through:

Mr. M.P. Devnath, Advocate along with Mr. Abhishek Anand and Mr.

Yogendra Aldak, Advocates.

versus UNION OF INDIA & ORS.

..... Respondent Through:

Mr. Pramod Kr. Rai, Sr. Standing Counsel along with Mr. Deepak Anand, Jr. Standing Counsel.

And + W.P.(C) 7172/2016 & CM No. 29502/2016 STELATOES SHOES & ACCESSORIES PVT. LTD...... Petitioner Through:

Mr. M.P. Devnath, Advocate along with Mr. Abhishek Anand and Mr.

Yogendra Aldak, Advocates.

versus UNION OF INDIA & ORS.

..... Respondents Through:

Mr. Pramod Kr. Rai, Sr. Standing Counsel along with Mr. Deepak Anand, Jr. Standing Counsel.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 07.10.2016 The petitioner is aggrieved by the respondents' refusal to release the goods. It is contended that the articles in question i.e. the shoes were not subjected to manufacturing process but rather that bar code was affixed in the outer package. The respondents, on the other hand, dispute the submissions. Having considered these materials on record, the respondents are hereby directed to release the goods upon deposit of duty amount on the provisional valuation (to an aggregate of ` 19 crores in all the goods). The amounts deposited by the petitioner till date shall be adjusted with the compliance to these directions and only remaining amounts, if any, may be paid. Upon satisfying himself about the compliance with these directions, Commissioner Delhi-1 shall take appropriate action to ensure release of the goods subject to other formalities such as furnishing of bond etc. The writ petitions are partly allowed in the above directions. S. RAVINDRA BHAT, J DEEPA SHARMA, J OCTOBER 07, 2016 sapna