TMI Blog2022 (1) TMI 405X X X X Extracts X X X X X X X X Extracts X X X X ..... ntract, if any violations thereon, are to be adjudicated by conducting a trial before the appropriate forum and such an exercise is impermissible in writ proceedings. The High Court cannot conduct a rowing enquiry based on the affidavits filed by the parties in a Writ Petition. This being the principles to be followed, the extended prayer sought for by the petitioner by filing an amendment petition deserves no merit consideration and further relief, if any requires, the petitioner has to approach the competent forum for adjudication. However, the fact remains that the original relief sought for in the Writ Petition had been granted in favour of the writ petitioner and 100% goods were released and the detention certificate was also issued. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner filed a Writ Miscellaneous Petition No. 3735 of 2021, seeking amendment of the prayer set out in the original Writ Petition and the proposed amendment reads as under : Writ of Mandamus, directing the 1st and 2nd respondents to take suitable action against the 3rd and 4th respondents herein in terms of the Handling of Cargo in Customs Areas Regulation, 2009 for refunding the detention and demurrage collected by them from the petitioner entity with respect to the cargo under import covered under Bills of Entry No. 8920742 and 8921497, both dated 2-1-2013 pursuant to the detention certificates issued by the 2nd respondent in F. No. S.Misc.288/2012-GR.7B/7H, dated 19-9-2013. 3. It is not in dispute that during the pendency of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtment also made a submission that during the pendency of the Writ Petition, the relief sought for by the petitioner had been granted and therefore, nothing survives in this Writ Petition. 7. In spite of the submissions made on behalf of the respondents, the Learned Counsel appearing for the petitioner proceeded with the case on merits by stating that based on the complaint and based on the detention certificate, further actions are to be initiated by the respondents 1 and 2 against the respondents 3 and 4. It is contended that the complaint submitted in this regard are not even looked into by the respondents 1 and 2 and thus, suitable orders are to be passed on merits. 8. This Court is of the considered opinion that disputed facts ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
