High Court of Bombay Considers Challenge by CFS Operators to Customs Public Notices. Petition Under Article 226 Seeks Quashing of Notices Allegedly Imposing Unlawful Restrictions on Container Freight Stations.

High Court: Bombay High Court Bench: BOMBAY
  • 3
Judgement Image
Font size:
Print

Case Note & Summary

The petitioners, comprising thirteen Container Freight Station (CFS) operators and thirteen individual directors, filed a writ petition under Article 226 of the Constitution of India before the High Court of Judicature at Bombay, Civil Appellate Jurisdiction. The petition challenged two public notices dated 9th February 2017 and 6th March 2017, being Public Notice Nos. 16 and 27 of 2017, issued by the customs authorities. Additionally, the petitioners sought to quash and set aside an earlier public notice dated 16th January 2017, being Public Notice No. 8 of 2017. A partial relief was also sought in relation to Public Notice No. 161 of 2016 dated 28th November 2016, with the petitioners praying for its quashing and setting aside to a certain extent. The respondents included Union of India through the Secretary, Ministry of Finance, Department of Revenue, various Commissioners of Customs at Nhava Sheva, the Central Board of Excise & Customs, the Container Freight Station Association (India), Speedy Multimodes Ltd., and the Assistant Commissioner of Customs, CFS Management Cell. The matter was heard by a Division Bench consisting of Justices S. C. Dharmadhikari and Prakash D. Naik. The court, after hearing the learned counsel for the parties, issued Rule and by consent made it returnable forthwith. However, the judgment text provided is incomplete and does not contain the substantive findings, reasoning, or final order of the court. Consequently, the legal issues, arguments, ratio decidendi, and operative directions remain unknown.

Issue of Consideration

WRIT PETITION NO. 3310 OF 2017

Subscribe to unlock Issue of Consideration Subscribe Now

Case Details

2017 LawText (BOM) (06) 18

WRIT PETITION NO. 3310 OF 2017

2017-06-05

S. C. Dharmadhikari, Prakash D. Naik

Janak Dwarkadas, Rohan Rajadhyaksha, Adhip Iyer, Cheryl Fernandes, Divij Joshi, Anil C. Singh, Pradeep S. Jetly, Indrayani Deshmukh, Birendra Saraf, Yuvraj K. Singh

All Cargo Logistics Ltd. & Ors.

Union of India & Ors.

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Constitutional writ petition under Article 226 challenging customs public notices.

Remedy Sought

Petitioners sought to quash Public Notice Nos. 16/2017, 27/2017, 8/2017, and partially quash Public Notice No. 161/2016.

Judgment Excerpts

By this petition under Article 226 of the Constitution of India, the petitioners are challenging two public notices dated 9th February, 2017 and 6th March, 2017 being Public Notice Nos. 16 and 27 of 2017. The petitioners are also seeking to quash and set aside a prior public notice dated 16th January, 2017 being Public Notice No. 8 of 2017. There are two reliefs sought in relation to Public Notice No. 161 of 2016 dated 28th November, 2016. Unlike the above public notices, which are sought to be quashed in their entirety, as far as this public notice is concerned, the petitioners pray quashing and setting aside o

Procedural History

The petitioners filed Writ Petition No. 3310 of 2017 under Article 226 of the Constitution of India. The matter was heard by a Division Bench on 10th April 2017, and judgment was pronounced on 5th June 2017. Rule was issued, and by consent, made returnable forthwith.

Acts & Sections

  • Constitution of India: Article 226
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
High Court Bombay High Court Restrains Defendant from Using Similar Trademark in Instant Adhesive Case. Affirms Likelihood of Confusion Between 'FEVIKWIK' and 'KWIKHEAL' Based on Overall Similarity of Marks and Trade Dress.
Related Judgement
High Court High Court of Bombay Considers Challenge by CFS Operators to Customs Public Notices. Petition Under Article 226 Seeks Quashing of Notices Allegedly Imposing Unlawful Restrictions on Container Freight Stations.