Union Of India vs D. Navinchandra & Co. on 1 January, 1800

Bombay High Court
Union Of India vs D. Navinchandra & Co. on 1 January, 1800
Equivalent citations: 1990 (45) ELT 238 Bom
Author: Desai
Bench: H Kantharia, S Desai


Desai, J.

1. This is an entirely frivolous Appeal filed by the Union of India as representing the Collector of Customs from a proper reasoned order of the Writ Court. The relief given to the Petitioners by the Writ Court followed a decision of the Supreme Court which any law abiding, honest and equitable department of the Government was bound to give. However, the Customs Department, like almost all the departments of the Government, are reluctant to part with money irrespective of whether the money has been legally recovered or not. It is clear to us that having lost in the Writ Court they have filed this frivolous Appeal since there is no control over wastage of public time and money by such departments.

2. Before the Writ Court the Counsel had emphasised a stray observation of the Supreme Court which had been correctly explained by the learned single Judge. The facts and circumstances in the case before the Supreme Court have been found identical with the facts and circumstances of the instant matter. If that be so the Rule was required to be made absolute which has been done by the single Judge. There was no warrant therefore for resisting the Writ Court’s Order by filing the Appeal.

3. We find one thing wrong in the order of the single Judge and that is, that he did not allow costs to the petitioners before him. We propose to rectify the same by making an order for costs in the Appeal .

4. Accordingly we dismiss the Appeal summarily and direct the Appellants to pay to the Respondents costs fixed at Rs. 150/- (Rupees one hundred fifty only for their appearance in the Appeal Court.

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