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2016 (7) TMI 1336 - HC - CustomsHigh Seas Sale - purchase of Raw Cashew Nuts - it is the stand of the petitioner that the title of the goods was on the basis of ‘Bill of Ladings’ carrier documents vested with the first respondent/writ petitioner and after the High Sea Sale Agreement, the title of goods transfers to their Firm and prior to the entry of goods in the territorial jurisdiction of India, etc - Held that: - the fifth respondent proceeds to take a plea that although the first respondent/writ petitioner and the petitioner/proposed sixth respondent’s claims that the ‘Bill of Ladings’ were issued in their name, they were not able to produce the same either before the investigating officer, East Police Station, Kollam or before this Court. Also that the first respondent/writ petitioner had not established high right over the goods in issue, as the Bill of Lading does not reflect its name, as the consignee. The petitioner/proposed sixth respondent if at all can make any claim, it can be done only against the first respondent/writ petitioner and that too, by means of a separate civil proceedings - the petitioner cannot implead as proposed sixth respondent in the main writ petition - petition dismissed - decided against petitioner.
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