Full Text
OMP 1069/2013
DELHI METRO RAIL CORPORATION LTD Petitioner
Through:Mr.Tarun Johri,Advocate with Mr.A.S.Rao,Law Officer
Through: Mr. C. Mukund, Ms. Firdouse Qutb Wani, Mr. Vivek Anandh. S.M., Mr. Abhilash Attri and Ms.Yaamini Sharma,Advocates
M/S.SIEMENS LTD. Respondent
Through:Mr.C.Mukund,Ms.Firdouse Qutb Wani,Mr.Vivek Anandh.S.M.,Mr.Abhilash
Attri and Ms.Yaamini Sharma,Advocates
Through:Mr.Tarun Johri,Advocate with Mr.A.S.Rao,Law Officer
12.02.2015
ORDER
1. I have heard the learned counsels for the parties at length. After some arguments,Mr. Johri,the learned counsel for Delhi Metro Rail Corporation Ltd.(in short DMRC),on instructions, says that he does not wish to press the objections preferred by his client. OMP 1069/2013 & 1185/2013 page 1 of[3] 2015:DHC:11688 C[9] 1.[1] He saysthat his clientrealizes thatthe respondentin OMP 1069/2013 1.e., Siemens Ltd. was entitled to the awarded amount either in the form of duty exemption or by way ofrefund. 1.[2] Learned counsel's only concern is that, with the payment of the awarded amount,DMRC will be out ofpocket;a deficiency it is not able to recover,in view ofdelay in processing the claim for refund ofcustom duty, paid by SiemensLtd.
2. I may only note thatin the award in issue,which is dated 27.06.2013, there is a reference in paragraph 5.11 that the claim for refund ofcustoms duty,made byDMRC wasrejected by Custom authorities;albeitfor various reasons. 2.[1] Mr Johri says that since DMRC is a public sector undertaking, his client would like to approach the Ministry ofFinance, Govt. ofIndia, for appropriate reliefsince projects are being executed by it,in public interest.
3. I see some merit in what Mr.Johri has stated before me. In my view, the Ministry of Finance, Govt. of India should examine the request of DMRC for refund ofCustom duty bearing in mind the factthat it is a public sector undertaking, which has executed a number ofprojects, both in Delhi and in other States,in public weal. Therefore,ifarepresentation is made by DMRC in that behalf, the Ministry of Finance, Government of India will givethe requestadvanced therein,its deserved weightand consideration.
4. Accordingly,award dated 27.06.2013 is sustained.
5. In view ofthe above,Mr.Mukund,who appears for Siemens Ltd.,on instructions, says that he does not wish to press the objections qua the aforementioned award. OMP 1069/2013 & 1185/2013 page2of[3] Gj?
6. Consequently, both the petitions and the pending application are dismissed.
7. Atthis stage,Mr.Johri says thatthe awarded amount will be paid to Siemens Ltd.,within six weeksfrom today. ijiv RAJIV SHAKDHER,J FEBRUARY 12,2015 Yg