COMMISSIONER OF CUSTOMS VIJAYAWADA vs. SHREE JAYAJOTHI CEMENTS LTD
What did the Supreme Court hold?
The Supreme Court granted the appellants liberty to approach the High Court with their request for a bank guarantee. The appeal was disposed of with this liberty.
What were the facts?
The Food Corporation of India (appellants) sought protection by directing respondents to furnish a bank guarantee for claiming the difference between old and new rates. This point was not raised before the High Court.
What were the issues?
Whether the appellants should be allowed to furnish a bank guarantee for claiming the difference between old and new rates. The procedural aspect of not raising the point before the High Court.
AI-generated summary — verify with the full judgment below
Page 1 JUDGMENT 1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6621 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 16607 OF 2016] FOOD CORPORATION OF INDIA AND ORS Appellant(s) VERSUS RICE MILLERS ASSOCIATION, DISTRICT GONDIA AND ORS Respondent(s) J U D G M E N T KURIAN, J. 1. Leave granted. 2. The limited request made by Mr. N. K. Kaul, learned Additional Solicitor General, is that the interest of the appellants may be protected by issuing a direction to the respondents that they should furnish Bank Guarantee for claiming the difference between old and new rates. This is a point, apparently not canvassed before the High Court and it is for the appellants to apprise this point to the High Court. 3. Therefore, with liberty to the appellants to approach the High Court in that regard, this appeal is disposed of.
Page 2 JUDGMENT 2 4. We request the High Court to dispose of the writ petition expeditiously and preferably within six months from the date of receipt of a copy of this Judgment. No costs.
.......................J.
[ KURIAN JOSEPH ] .......................J.
[ ROHINTON FALI NARIMAN ] New Delhi; July 22, 2016.
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