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2020 (11) TMI 729 - HC - CustomsDeadlocks/inordinate delays for clearance of import cargo. due to COVID-19 pandemic lockdown - the Learned Single Judge ordered that the payment of container detention charges or other penal charges by the petitioners for release of the cargo covered by Bills of Lading shall be provisional and subject to further orders in the writ petitions. - HELD THAT:- True, at the time of considering the interim relief, the Court is bound to consider whether, (1) there is prima facie case, (2) balance of convenience, and (3) likelihood of irreparable hardship. Writ court though not specifically adverted to the above, reading of the impugned order reflects the same. On the aspect of violation of Article 14 of the Constitution of India, that the earlier interim order in W.P. (C) No. 10177/2020, dated 25-5-2020 has not been followed, it could be deduced that the earlier order has been passed at the stage of admission of that writ petition, but subsequently, writ court has taken note of the interim order passed by the Hon’ble High Court of Delhi. Going through the pleadings, submissions of the contesting parties, the order, which was taken note of by the Learned Single Judge in the impugned order, and the decisions on interim relief vis-a-vis main relief considered by us, we are of the considered view that there is no error in the interim order dated 30-6-2020, warranting interference in the instant appeals. Appeal dismissed.
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