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Hyderabad Duty Free Retail Limited Versus Union of India & Others

2015 (9) TMI 88 - DELHI HIGH COURT

Goods at duty free shops are imported into India Appellants consignment was not cleared by Custom Authorities for reason that consignment being of food products, required NOC from FSSAI Though goods were later cleared, appellant filed petition before Single Judge seeking clarification that goods subject matter of consignment being meant for sale in Duty Free shops, cannot be treated as imported into India and that said goods do not enter country as same are sold at Duty Free shops, which was .....

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petition, listing thereof in Court and in hearing of petition even qua interim relief claimed and during all of which time goods would not be released Settled position in law that opposite party to litigation cannot defeat lis validly brought before Court by contending that cause of action had disappeared Appeal allowed Order of Single Judge disposing of petition set aside Writ Petition restored - Decided in favour of Appellant. - LPA No.147/2015, CMs No.4767/2015 (for stay), 4768/2015 .....

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4th January, 2015 of the learned Single Judge disposing of W.P.(C) No.6693/2014 preferred by the appellant as infructuous, leaving open the question of law raised therein. 2. We have heard the counsel for the appellant, and the counsel for the respondents No.1&2 Union of India (UOI), the counsel for the respondent No.3 Food Safety and Standards Authority of India (FSSAI) and the counsel for the respondent No.4 Commissioner of Customs, all appearing on advance notice. 3. The appellant claims .....

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) that the shelf life of these products is an average of six months and the said products, if not sold within the shelf time, become unsaleable, to the loss and detriment of the appellant; (iv) however the said consignment was not cleared by the Custom Authorities for the reason that the consignment being of food products, required No Objection Certificate (NOC) from the FSSAI; and, (v) that the FSSAI however refused to give the NOC on the ground that the products do not comply with Regulation 2 .....

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interim relief for immediate release of the consignment of goods received on 25th July, 2014. 4. The writ petition aforesaid was listed before the learned Single Judge on 14th January, 2015 when the counsels for UOI and the Customs informed that the consignment received by the appellant on 25th July, 2014 and owing to non-clearance of which, the writ petition had been filed, had been cleared. The counsel for the appellant also confirmed the same but contended that the question of law needs to b .....

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25th July, 2014, from time to time and if the appellant is compelled to file a fresh writ petition on a future date when it again faces the same problem, it will result in delay even then in release of the consignment with the consequent likelihood of the goods subject matter of the consignment being wasted. It is contended that it was for this reason that the learned Single Judge was requested, inspite of the consignment owing to non-clearance of which the writ petition was filed being cleared .....

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etition, listing thereof in the Court and in hearing of the petition even qua the interim relief claimed and during all of which time the goods would not be released. It thus cannot be said that the petition had worked itself out in so far as the appellant was concerned, as has been observed by the learned Single Judge. We may also record that the relief claimed by the appellant in the writ petition also was not qua the consignment received by the appellant on 25th July, 2014. The appellant, in .....

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ia cannot be applied to such consignments; and, (iii) to restrain FSSAI from applying Food Safety and Standards Act or the Regulations thereunder vis-a-vis the Duty Free shops and to mandate the Customs Authorities to clear the said consignments without insisting on NOC from FSSAI. The writ petition claiming such reliefs could not have been said to have become infructuous, upon one consignment being cleared. 7. The Supreme Court in Ghaio Mall & Sons Vs. The State Of Delhi AIR 1959 SC 65 face .....

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on that if such grant was held to be a nullity, it would result in a vacancy and in filling up of which the appellant may be found eligible. It was thus held that the appeal had not become infructuous. The celebrated Advocate H.M. Seervai in his book Constitutional Law of India - A Critical Commentary, Fourth Edition, Volume 2, para 11.241 at page 1117 has authored, Petitions challenging the grant of Govt. contracts for 1 year, and the grant of licences and permits for one year or less are not d .....

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e (which has expired when the petition is heard) when the power to pass that kind of order is challenged. Thus, if the Police Commr. bans a procession each year during a particular religious festival, and the persons aggrieved dispute his right in law to do so, by a petition promptly filed, the court ought to determine the right on the merits, even if the order imposing the ban has expired when the petition is heard, for to dismiss the petition would be to deprive citizens of their fundamental r .....

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