TMI Blog2009 (1) TMI 771X X X X Extracts X X X X X X X X Extracts X X X X ..... t. Shri P.K. Agarwal, SDR, for the Respondent. ORDER There is delay of 41 days in filing the appeal No. C/1057/08 by M/s. Nichrome India Ltd., Pune (the exporter). The reason for the delay in filing the appeal advanced by the applicants is that the brief relating to the case was handed over by them to their lawyer well in time for preparing the appeal and the stay petition and filing th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... va, by which he has imposed penalty of Rs. 2,60,000/- each on the exporter and the CHA and Rs. 4,00,000/- on the Shipping Line. 4. Heard both the sides and perused the records. The brief facts of the case are that the exporter had dispatched a container containing Sachet Filling and Sealing Machine from their factory on 23-12-2006 under the Central Excise Seal. The said container was loaded on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 20-3-2008 to the Commissioner of Customs (Exports), JNCH, Nhava Sheva, which makes it apparent that the CHAs are generally not at fault in the matter and for the lapse on the part of the Shipping Line, CHAs cannot be penalized. 6. As far as exporter is concerned, they have not participated directly in the concerned handling operations. They have no control over any movement of container in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a facie case for the complete waiver of the pre-deposit of the penalties imposed on them. Accordingly, I dispense with the pre-deposit of the penalty of Rs. 2,60,000/- each imposed on them and stay recovery thereof pending disposal of the appeal. 9. As regards the Shipping Line, I find that they loaded the container on the vessel on holiday i.e. on 25-12-2006 and the vessel sailed on the same da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hipping Line. They have not made out a strong case for the complete waiver of the pre-deposit of the penalty imposed on them. Keeping in view the facts and circumstances of the case, I direct the Shipping Line to pre-deposit a sum of Rs. 1,25,000/- (Rupees One Lakh and Twenty Five Thousand only) within four weeks and report compliance on 24-2-2009. On pre-depositing the said amount within the stip ..... X X X X Extracts X X X X X X X X Extracts X X X X
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