TMI Blog2023 (12) TMI 918X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner is entitled to provisional release of goods as prayed for for more than one reason. Notification No. 5/2023 which imposes minimum price of Rs. 50/- per kg for import of apples has been stayed by the Kerala High Court. Secondly, only issue is with respect of valuation and goods being perishable in nature and further the petitioner is willing to comply with the terms and conditions to be put ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt may be pleased to issue a Writ of Mandamus or any other appropriate writ or order or directions, directing the Respondent Agency and more particularly to 2nd Respondent to grant Provisional Release of the goods covered by Ex.A, Bill of Entry No. 8733339 on 11-11-2023 for home consumption. 2. Brief facts are as under :- (i) The petitioner is engaged in the business of import and expor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. (iv) On 27th November 2023, the petitioner once again requested for Provisional Assessment of the goods based on the minimum import price notified in the notification and requested respondent no. 2 to release the goods to avoid further delay as well as to reduce detention and demurrage charges. However, there was no response from the respondents to such request. It is on this back drop, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the goods at less than Rs. 50/- per kg. However, the respondents has not disputed that the notification has been stayed by the Kerala High Court. 5. We have heard learned counsel for the petitioner and the respondents. 6. In our view, the petitioner is entitled to provisional release of goods as prayed for for more than one reason. Notification No. 5/2023 which imposes minimum price of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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