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2018 (11) TMI 426 - HC - CustomsImplementation of the order dated 22nd November 2016 - release of imported goods in terms of the order - Held that:- The Customs cannot be held responsible for the auction of the goods by the Container Freight Station All Cargo Logistic Limited after issue of the notice to the Petitioner, which the Petitioner chose not to respond - Besides even if we assume the contention of the Petitioner that there was a stay of the assessment order dated 22nd August 2016 in view of the Appeal filed by the Petitioner (without accepting the same) yet it would be the obligation of the importer to protect the goods from auction till disposal of the Appeal. This fact of pending Appeal resulting in automatic stay was also not brought to the notice of All Cargo Logistic Limited prior to the auction. Petition dismissed.
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