Home / Supreme Court / Judgments / 2013 / Diary 10222

COMMISSIONER OF CUSTOMS . v. M/S S.S.P. ENTERPRISES .

Supreme Court of India | Diary 10222/2013

Status

ROP - of Main Case

Decided On

02-08-2013

Bench

Petitioner

COMMISSIONER OF CUSTOMS .

Respondent

M/S S.S.P. ENTERPRISES .

Primary Holding

Special Leave Petitions challenging interlocutory orders become infructuous upon passing of a final order in the main proceedings, as the impugned interlocutory orders do not survive the final adjudication.

PDF 1 PDF 2 PDF 3 PDF 4 PDF 5 PDF 6 Check another SC case

Full Judgment Text

ÄITEM NO.55 COURT NO.3 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).14373-14375/2013(From the judgement and order dated 09/11/2012 in MP No.1/2012 in WANo.1922/2012 and order dated 06/02/2013 in MP No.2/2012,MP No.3/2012 in WANo.1922/2012 of The HIGH COURT OF MADRAS)COMMISSIONER OF CUSTOMS & ANR. Petitioner(s) VERSUSM/S S.S.P. ENTERPRISES & ANR. Respondent(s)(With appln(s) for vacating interim order, permission to file lengthy listof dates and with prayer for interim relief and office report )Date: 02/08/2013 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE MADAN B. LOKURFor Petitioner(s) Mr. Mohan Parasaran, SG Mr. K. Swami, Adv. Mr. Zoheb Hossain, Adv. for Mr. B. Krishna Prasad,Adv.For Respondent(s) Mr. Mukul Rohtagi, Sr. Adv. Mr. Abhinav Agrawal, Adv. Mr. N. Vishwanthan, Adv. Ms. Parul Shukla, Adv. Mr. Nukul Mohta, Adv. for Mr. E.C. Agrawala,Adv. UPON hearing counsel the Court made the following O R D E R These Special Leave Petitions arise out of interlocutory orders. Subsequent thereto, Writ Appeal No. 1922 of 2012 has been finally disposed of by the Division Bench of the Madras High Court on April 26, 2013. The final order reads thus: "Considering the earlier orders passed by this Court and for the reasons stated above, we consider it appropriate to dispose of the writ appeal with a direction to the Commissioner of Customs, the first appellant herein, to reconsider the release of the seized goods as contemplated under Section 110-A of the Customs Act keeping in view the observations made in this order and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order." 2. In light of the final order passed by the High Court in the Writ Appeal, we are of the view that these Special Leave Petitions have become infructuous. As a matter of law, the impugned orders do not survive on passing of the final order in Writ Appeal. 3. Special Leave Petitions are dismissed as infructuous.

|(Pardeep Kumar) | |(Renu Diwan) ||Court Master | |Court Master |

SECTION - III IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (C) NOs. 14373-14375 OF 2013 WITH PRAYER FOR INTERIM RELIEF AND INTERLOCUTORY APPLICATION NOS. 5-7 (Application for vacation of interim order dated 9th April, 2013) Commissioner of Customs (Seaport-Export)& Anr. ......Petitioners -VERSUS- M/s S.S.P. Enterprises & Anr. ......Respondents OFFICE REPORT The matters above mentioned were mentioned before the Hon'ble Court on 9th April 2013, when the Hon'ble Court was pleased to pass the following order-. "Taken on board. Delay condoned. Issue notice returnable in ten weeks. Mr. A. Radha Krishnan, advocate, waives service for the respondents. Counter affidavit may be filed by the respondents within six weeks. Rejoinder affidavit, if any, may be filed by the petitioners within four weeks thereafter. In the meanwhile, the operation of the impugned orders shall remain stayed." Accordingly, show cause notice was issued to the respondents common in both the matters by registered A.D. post. Mr. E.C. Agrawala, Advocate has on 3rd May 2013 filed vakalatnama/appearance and counter affidavit on behalf of both the respondents (Same is placed with the main SLP paper books). It is submitted that counsel for the respondent has on 4th May 2013 filed an application for vacation of interim order dated 9th April, 2013 and the same is registered as I.A. Nos. 5-7. Paper books of the same are placed with the main SLP paper books. ..2/- -2- It is further submitted that counsel for the petitioner has on 28th June 2013, filed rejoinder affidavit and affidavit in reply to the application for vacating stay and the copies of the same have been included in the paper books. It is lastly submitted that I.A. No 5-7 (Application for vacation of interim order dated 9th April 2013) was listed before the court on 3rd July 2013 when the Court inter alia pass the following order. "INTERLOCUTORY APPLICATION NO. 5-7 OF 2013 Mr. Mohan Parasaran, learned Solicitor General, prays for time to seek instructions. List these interlocutory applications on July 19, 2013." The matter along with application is listed listed before the Hon'ble Court for orders. Dated this the 17th day of July, 2013.

ASSISTANT REGISTRAR Copy to :- 1.Mr. B.K. Prasad, Advocate Central Agency Section 2.Mr. E.C. Agrawala, Advocate 48, Lawyers Chamber ASSISTANT REGISTRAR

<ITEM NO.58 COURT NO.3 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).14373-14375/2013(From the judgement and order dated 09/11/2012 in MP No.1/2012 in WANo.1922/2012 and dated 06/02/2013 in MP No.2/2012 & MP No.3/2012 in WANo.1922/2012 of The HIGH COURT OF MADRAS)COMMISSIONER OF CUSTOMS & ANR. Petitioner(s) VERSUSM/S S.S.P. ENTERPRISES & ANR. Respondent(s)(With appln(s) for vacating interim order, PERMISSION TO FILE LENGTHY LISTOF DATES and prayer for interim relief and office report)Date: 26/07/2013 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE MADAN B. LOKURFor Petitioner(s) Mr. Mohan Parasaran, Solicitor General Mr. K. Swami, Adv. Mr. D.L. Chidanand, Adv. Mr. Ashwin Kumar D.S., Adv. Mr. B. Krishna Prasad,Adv.For Respondent(s) Mr. Mukul Rohatgi, Sr. Adv. Mr. N. Vishwanathan, Adv. Mr. Ankur Saigal, Adv. Mr. Rishi Agrawala, Adv. Mr. E.C. Agrawala,Adv. Ms. Parul Shukla, Adv. UPON hearing counsel the Court made the following O R D E R List the matter on August 2, 2013.|(Rajesh Dham) | |(Renu Diwan) ||Court Master | |Court Master |

jITEM NO.52 COURT NO.3 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).14373-14375/2013(From the judgement and order dated 09/11/2012 in MP No.1/2012,WANo.1922/2012 dated 06/02/2013 in MP No.2/2012,MP No.3/2012,WA No.1922/2012of The HIGH COURT OF MADRAS)COMMISSIONER OF CUSTOMS & ANR. Petitioner(s) VERSUSM/S S.S.P. ENTERPRISES & ANR. Respondent(s)(With appln(s) for vacating interim order, permission to file lengthy listof dates and with prayer for interim relief and office report )Date: 19/07/2013 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Mohan Parasaran,SG Mr D.L.Chidananda, Adv. Mr. K. Swami, Adv. for Mr. B. Krishna Prasad,Adv.For Respondent(s) Dr. A.M. Singhvi, Sr. Adv. Mr. N. Vishwanathan, Adv. Mr. Ankur Saigal, Adv. Ms. Parul Shukla, Adv Mr. E.C. Agrawala,Adv. UPON hearing counsel the Court made the following O R D E R List the matter on July 26, 2013.|(Pardeep Kumar) | |(Renu Diwan) ||Court Master | |Court Master |

vITEM NO.2 COURT NO.4 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A. 5-7/2013 inPetition(s) for Special Leave to Appeal (Civil) No(s).14373-14375/2013(From the judgement and order dated 09/11/2012 in MP No.1/2012 in WANo.1922/2012 and dated 06/02/2013 in MP No.2/2012 & MP No.3/2012 in WANo.1922/2012 of The HIGH COURT OF MADRAS)COMMISSIONER OF CUSTOMS & ANR. Petitioner(s) VERSUSM/S S.S.P. ENTERPRISES & ANR. Respondent(s)(for vacation of interim order dated 9.4.13 and office report)Date: 03/07/2013 These IAs were called on for hearing today.CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYAFor Petitioner(s) Mr. Mohan Parasaran, Solicitor General Mr. D.L. Chidananda, Adv. Mr. K. Swami, Adv. Mr. B. Krishna Prasad,Adv.For Respondent(s) Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. N. Vishwanathan, Adv. Mr. Ankur Saigal, Adv. Mr. Mahesh Agarwal, Adv. Mr. Rishi Agrawala, Adv. Mr. E.C. Agrawala,Adv. UPON hearing counsel the Court made the following O R D E R UNREGISTERED INTERLOCUTORY APPLICATION NO. OF 2013 Permission is granted to place on record the final order dated April 26, 2013 passed by the High Court of Madras. By permitting the said order being placed on record, we clarify that it would not be construed that the applicants have right to challenge the said order in the present proceedings. That has to be done by filing separate special leave petition. Unregistered interlocutory application stands disposed of. INTERLOCUTORY APPLICATION NO. 5-7 OF 2013 Mr. Mohan Parasaran, learned Solicitor General, prays for time to seek instructions. List these interlocutory applications on July 19, 2013.|(Rajesh Dham) | |(Renu Diwan) ||Court Master | |Court Master |

\206ITEM NO.MM-5A COURT NO.5 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013 CC 8480/2013(From the judgement and order dated 09/11/2012 in MP No.1/2012 in WANo.1922/2012 and dated 06/02/2013 in MP No.2/2012 & MP No.3/2012 in WANo.1922/2012 of The HIGH COURT OF MADRAS)COMMISSIONER OF CUSTOMS & ANR. Petitioner(s) VERSUSM/S S.S.P. ENTERPRISES & ANR. Respondent(s) With I.A. 1 (c/delay in filing SLP)Date: 09/04/2013 This Petition was called on for hearing in the mentioning list of today.CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE MADAN B. LOKURFor Petitioner(s) Mr. Mohan Parasaran, Solicitor General Mr. D.L. Chidananda, Adv. Mr. K. Swami, Adv. for Mr. B. Krishna Prasad,Adv.For Respondent(s) Mr. S.K. Bagaria, Sr. Adv. Mr. K.K.S. Krisharaj, Adv. Mr. Chandra P. Prasad, Adv. Mr. A. Radha Krishnan, Adv. UPON hearing counsel the Court made the following O R D E R Taken on board. Delay condoned. Issue notice returnable in ten weeks. Mr. A. Radha Krishnan, advocate, waives service for the respondents. Counter affidavit may be filed by the respondents within six weeks. Rejoinder affidavit, if any, may be filed by the petitioners within four weeks thereafter. In the meanwhile, the operation of the impugned orders shall remain stayed.|(Rajesh Dham) | |(Renu Diwan) ||Court Master | |Court Master |

Search This Case

Supreme Court Resources

High Court Case Status

Check case status for High Courts across India