Principal Commissioner of Customs Jawaharlal Nehru Customs House And Vs Loreal Sa (Delhi High Court)
In the matter aforementioned, Hon’ble Delhi HC allowed petition under article 227 of the Constitution of India after considering that trial court cannot initiated new proceedings once it pronounces final decree of judgment and become Functus Officio (having fulfilled one’s duty).
The issue in the present petition under Article 227 of the Constitution of India has arisen out of MISC DJ/3620/2024, which was separately opened subsequent to passing of the judgment and decree dated 19.10.2024 in CS (COMM) 130/2023 filed by the respondent i.e. M/s. Loreal SA against the M/s Reliable Enterprises & Ors. The sole relief sought in abovementioned civil suit was confiscation and non-release of the impugned counterfeit goods bearing the respondent’s label under consignment, i.e. bill of entry number 4605743 dated 29.12.2017. The order was passed by trial court on 19.10.2024. Thereafter, trial court proceeded with initiation of MISC DJ/3620/2024, wherein the impugned order dated 17.01.2025 has been passed by virtue of which the Revenue Secretary, Ministry of Finance, Government of India was called upon to file an Action Taken Report within a period of six weeks.
It was submitted on behalf of the petitioner that since the judgment and decree dated 19.10.2024 had been passed by the learned Trial Court, the proceedings pending before the said Court became final and the learned Trial Court became functus officio and could not have exercised jurisdiction of issuing show cause notices and calling for Action Taken Reports especially as no execution was filed/ is pending against the said judgment and decree dated 19.10.2024 and no fresh proceedings by way of MISC DJ/3620/2024 could have been initiated by the Trial Court.
