IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.24062 OF 2014 (GM-RES) BETWEEN:
M/S. PERFECT TRADERS NO.7/11, S.G. COMPLEX APMC YARD, YESHWANTHPUR BANGALORE-560 022 REPRESENTED BY SRI MANSOOR AHMED MANAGER.
(BY MR. JANARDHANA G, ADV.) AND:
… PETITIONER 1. COMMISSIONER OF CUSTOMS CUSTOMS HOUSE NEW HARBOUR ESTATE TUTICORIN 628 004 REPRESENTED BY:
SRI N.J. KUMARESH ADDITIONAL COMMISSIONER OF CUSTOMS ATTACHED TO MINISTRY OF FINANCE DEPARTMENT OF REVENUE.
2. M/S. DIAMOND CFS PARK NO.4/41A, SENTHIAMPANNAI VILLAGE KEELA THATTAPARAI VILAKKU PUDUKOTTAI POST TURICORIN -628 103.
3. THE FOOD ANALYST FOOD ANALYSIS LABORATORY PALAYAMKOTTAI TAMIL NADU-627 002 REPRESENTED BY SRI A. ESWARAN.
4. FOOD SAFETY AND STANDARD AUTHORITY OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE III FLOOR, FDA BHAVAN KOTLA ROAD, NEW DELHI-110 002.
5. M/S. SWAD GRAIN EXPORTS 251, QUEEN STREET S MISSISSAUGA, ON L5M IL7 CANADA.
… RESPONDENTS (BY MR. N.R. BHASKAR, CGC FOR R1 (ABSENT) MR. CHIDANAND, ADV., FOR R5 (ABSENT) MR. P.P. JAYAKUMAR, ADV., FOR R4 (ABSENT) R2 & R3 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 NOT TO DESTROY THE GREEN PEAS CONTAINED IN FOUR CONTAINERS COVERED IN BILL OF LADING DTD.6.9.2012 WHICH ARE IN THE CUSTODY OF THE R-2. FURTHER PERMIT THE PETITIONER TO GET A CHEMICAL ANALYSIS REPORT FROM PRIVATE FOOD ANALYST TO FIND OUT WHETHER IT CONTAIN EXCESS URIC OR NOT AS ALLEGED BY THE R-1 & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Janardhana.G, learned counsel for the petitioner.
Learned counsel for the petitioner submitted that with regard to the relief claimed in the petition, the petitioner has instituted a suit seeking the relief of damages against respondent No.6 and the proceedings in the suit are fixed for delivery of judgment.
In view of the aforesaid, nothing survives for adjudication in this writ petition. Accordingly, the writ petition is disposed of with liberty to the petitioner to pursue the remedy, which he has already availed.
Sd/- JUDGE dn/-