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2021 (8) TMI 548 - HC - CustomsSeeking permission to shutout the cargo / taking back the cargo to their premises - seeking release of goods comprising of “Readymade Garments” presented for the export without insisting for execution of Bank Guarantee for 25% of the value - HELD THAT:- Admittedly, now the petitioner is not in a position to export the goods due to cancellation of the export order. The goods are berthed in Tuticorin Port and kept idle and because of that, the demurrage and container charges has been mounting heavily. Since the export order has been cancelled, the petitioner wants to take back the cargo to their premises, but the 3rd respondent insisting the petitioner for bank guarantee for 25% of the value as security for provisional release of the goods. In the considered opinion of this Court, the question of providing bank guarantee does not arise, when the petitioner take back the goods, due to cancellation of the export order. The respondents are directed to permit the petitioner to take back the cargo to their premises, comprising of “Readymade Garments” presented for the export, without insisting Bank Guarantee, forthwith - Petition disposed off.
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