NI-MET METALS INC v. DIRECTOR GENERAL OF FOREIGN TRADE AND ANR

Delhi High Court · 13 Dec 2024 · 2024:DHC:9703
Manoj Jain
CONT.CAS(C) 1905/2024
2024:DHC:9703
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed the contempt petition against DGFT for delayed compliance, holding that ultimate compliance negates wilful contempt and the petitioner may challenge the decision through appropriate legal remedies.

Full Text
Translation output
CONT.CAS(C) 1905/2024 1
HIGH COURT OF DELHI
Date of Decision: 13th December, 2024
CONT.CAS(C) 1905/2024 & CM APPL. 70099/2024
NI-MET METALS INC .....Petitioner
Through: Mr. Chirag Aneja, Advocate.
VERSUS
DIRECTOR GENERAL OF FOREIGN TRADE AND ANR & ANR. .....Respondents
Through: Ms. Radhika Bishwajit Dubey, CGSC for UOI
WITH
Ms. Aishwarya, GP, Ms. Gurleen Kaur Waraich and
Mr. Karan Khetani, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioner seeks initiation of contempt proceedings against the respondents for wilful and deliberate disobedience of order dated 13.11.2024 passed by learned Coordinate Bench of this Court in W.P.(C) 15630/2024 whereby the respondents were directed to process the application of the petitioner as per the specified timeline and it was also directed that earlier Demand Drafts deposited by the petitioner with the Director General of Foreign Trade (DGFT) be also returned/refunded.

2. Learned counsel for respondents appears on advance notice and submits that the application of the petitioner has already been processed by passing an order on 10.12.2024.

3. A copy thereof has also been shown during the course of the CONT.CAS(C) 1905/2024 2 hearing.

4. It be taken on record.

5. Learned counsel for the petitioner also admits the above said subsequent development. He, however, submits that the decision is not within the stipulated period.

6. Be that as it may, since the decision has already been taken, nothing further survives in the present petition.

7. If the petitioner is aggrieved by the decision taken by the respondent with respect to its representation, the petitioner is at liberty to challenge the same by filing appropriate petition.

8. As regards return of Demand Drafts, it is submitted that the petitioner has yet not received back the same.

9. Learned counsel for the respondents submits that it will be ensured that these are returned to him within three working days. It will be open to petitioner to visit the office of the respondents on coming Monday so that the Demand Drafts are returned to him directly. In case, nobody reports to the office of the respondents by Monday, the respondents would be at liberty to return the Demand Drafts through registered post/courier.

10. The petition stands disposed of accordingly.

JUDGE DECEMBER 13, 2024