TMI Blog1984 (3) TMI 62X X X X Extracts X X X X X X X X Extracts X X X X ..... ould not be cleared consequent upon the Ministry of Commerce, Import Trade Control Order No. 27 of 1983 dated August 24, 1983. The public notice empowers the customs authority to allow re-shipment/re-export having regard to the extent to which foreign exchange spent on import will be earned back and subject to such other conditions relating thereto as the customs authority may impose. We wish to make it clear that the vacating of the interim order will not disentitle the writ petitioners from seeking and taking advantage of the public notice dated September 1, 1983. Appeal allowed. - C.A. 1772 OF 1984 - - - Dated:- 27-3-1984 - Judge(s) : A. P. SEN., E. S. VENKATARAMAIAH., O. CHINNAPPA REDDY JUDGMENT The judgment of the court was del ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of consignment of beef tallow which has arrived at the Calcutta Port. An inevitable result of the filing of writ petitions elsewhere than at the place where the concerned offices and the relevant records are located is to delay prompt return and contest. We do not desire to probe further into the question whether the writ petition was filed by design or accident in the Calcutta High Court, when the office of the company is in the State of Punjab and all the principal respondents are in Delhi. But we do feel disturbed that such writ petitions are often deliberately filed in distant High Courts, as part of a manoeuvre in a legal battle, so as to render it difficult for the officials at Delhi to move applications to vacate stay where it become ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e disposal of the Rule; (l) Mandatory order directing respondent No. 5, Collector of Customs, to permit the petitioners to re-export the consignment of inedible beef tallow in terms of I.T.G. Public Notice No. 37 of 1983 dated September 1, 1983, with respect to the consignment weighing 456.316 MT which is lying at Calcutta under s. 49 of the Customs Act; (n) An order that pending the hearing and final disposal of this writ petition, the petitioners be permitted to re-ship and/or re-export the consignment of 456.216 MT of inedible beef tallow which arrived at Calcutta as more particularly mentioned in annexure 'I'." It is obvious that the interim order is of a drastic character with great potential for mischief. The principal prayer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e within a short period. This should particularly be so where the offices of the principal respondents and relevant records lie outside the ordinary jurisdiction of the court. To grant interim relief straight-away and leave it to the respondents to move the court to vacate the interim order may jeopardise the public interest. It is notorious how if an interim order is once made by a court, parties employ every device and tactic to ward off the final hearing of the application. It is, therefore, necessary for the courts to be circumspect in the matter of granting interim relief, more particularly so where the interim relief is directed against orders or actions of public officials acting in discharge of their public duty and in exercise of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Exports and others for contempt of. court was filed by the company. Notice to the respondents was ordered on the same day and on February 3, 1984, overruling the request made on behalf of the respondents that the petition to vacate the interim order may be heard first, the High Court issued a rule in the application for contempt of court against the Chief Controller of Imports and Exports and the Deputy Chief Controller of Imports and Exports and directed them to appear in person on March 6, 1984. Thereupon, the Union of India, the Chief Controller of Imports and Exports, etc., have filed the present special leave petition against the interim order dated November 22, 1983, of the Calcutta High Court in Civil Rule No. 10933-W of 1983 and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aborate arguments addressed to us by both parties. The complaint of the writ petitioners in seeking the rule for contempt of court was that the authorities had not dealt with their applications for licences, etc., despite the " abeyance " order having been stayed. It is obvious that the stay of the operation of the " abeyance " order merely meant that the writ petitioners were entitled to have their applications disposed of by the concerned authorities. The High Court not having set any limit of time for the disposal of the applications, it was not for the writ petitioners to impose a time-limit and demand that their applications should be disposed of forthwith. If the writ petitioners were aggrieved by the failure of the authorities to dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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