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2013 DIGILAW 1747 (MAD)

Conjap Electronic Industries Rep. by its Proprietor C. M. Goyal v. Jane Karuna Nathaniel Commissioner of Customs (Imports)

2013-04-23

M.JAICHANDREN

body2013
Judgment :- 1. This contempt petition has been filed praying that this Court may be pleased to punish the respondent for willful disobedience of the order passed by this Court, on 12.9.2012, in W.P.No.21758 of 2012. 2. The learned counsel appearing on behalf of the petitioner had submitted that, in spite of an order having been passed by this Court, on 12.9.2012, in W.P.No.21758 of 2012, directing the respondents to fix the value of the goods in question, imported by the petitioner, under the bill of entry No.7102726, dated 14.6.2012, after giving an opportunity of hearing to the petitioner, within a period of three weeks from the date of receipt of a copy of the said order, the respondents had not complied with the directions issued by this Court, within the time limit specified therein. 3. A counter affidavit, dated 11.4.2013, had been filed on behalf of the respondents. The reason for the delay had been explained in the said affidavit. Paragraph 5 of the counter affidavit filed on behalf of the respondents gives the chronological events that had taken place pursuant to the order passed by this Court, on 12.9.2012. Further, the respondents had tendered an unconditional apology for the delay caused in the passing of the order by the respondents, Pursuant to the order passed by this Court, on 12.9.2012. In such circumstances, this Court is of the view that the delay in the passing of the order, by the respondents, on 24.1.2013, pursuant to the directions issued by this Court in its order, dated 12.9.2012, made in W.P.No.21758 of 2012, is not willful or wanton. As such, no further orders are necessary in the present contempt petition. Hence, it stands closed. No costs.