Moksha Business Machines, v. Mr.Parag C.Borkar

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE T.AMARNATH GOUD CONTEMPT CASE NO.2681 OF 2018

O R D E R

(Per Hon'ble Sri Justice Sanjay Kumar) This contempt case was instituted alleging willful disobedience to the order dated 10.08.2018 passed by this Court in W.P.No.26745 of 2018. By the said order, this Court directed the Customs Authorities to consider the petitioner-concern's plea for release of its consignments in accordance with law duly keeping in mind the earlier proceedings of the Customs authorities at Kolkata. This exercise was directed to be completed within a time frame. We are now informed that by order dated 31.10.2018, the Additional Commissioner of Customs, Inland Container Depot, Bangalore, directed confiscation of the petitioner-concern's consignments subject to redemption on payment of a fine of Rs.4,10,000/-. In that view of the matter, the order passed by this Court in W.P.No.26745 of 2018 dated 10.08.2018 stands duly complied with, albeit with some amount of delay. However, we are not inclined to take a serious view of the delay as there is no evidence of such delay being willful or deliberate.

The contempt case is accordingly closed. I.A.No.1 of 2018 shall also stand closed in the light of this final order. No order as to costs. _______________ SANJAY KUMAR, J __________________ T.AMARNATH GOUD, J 9th NOVEMBER, 2018 Svv