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2015 (9) TMI 1138 - MADRAS HIGH COURT

2015 (9) TMI 1138 - MADRAS HIGH COURT - 2015 (323) E.L.T. 334 (Mad.) - Maintainability of petition - Contractual obligations between parties - Alternate remedy - Held that:- Petition is liable to be dismissed on the simple ground that the petitioner has already approached the Principal District Munsif (Vacation) Court, Tuticorin District, seeking for the relief of permanent injunction against the private respondents herein, where, he could not obtain any order. The trial Court has ordered notice .....

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e Customs, if any of the parties prove their claim by producing the original Bill of Lading and other materials to claim the cargo, the authorities are duty bound to release the same, since the goods are perishable in nature. If the owners of the goods is stalled to claim the goods before the Customs authorities, unnecessarily, demurrage charges will be levied by the Customs authorities for no fault of the real owner. - Decided against assessee. - W.P. (MD).No.8375 of 2015 and M.P. (MD).Nos.1 an .....

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ly restrain the 1st respondent to deliver the above said cargo to any third party other than the petitioner based on his representation dated 08.05.2015. 2. The short facts necessary for the disposal of this Writ Petition are as follows:- The petitioner is one of the importers of raw cashew nuts. He claims to have business transaction with Raw Materials and Commodity Company NIG Ltd., along with IEF OBAN Road, AWE OYO State, Nigeria. It is stated that the above said consignor dispatched certain .....

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(import) to hold the cargo till further orders on 08.05.2015. In the meanwhile, the petitioner has received a letter dated 16.05.2015 from the first respondent requesting him to produce the original bill of lading and invoice issued in the name of the petitioner, failing which, it was informed that necessary action would be taken in accordance with the provisions of Customs Act, 1962. It is the apprehension of the petitioner that the Cargo would be transferred to any third party or it may be auc .....

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ndents can impose demurrage and other charges as applicable from time to time. They have no power to transfer the cargo to any third party. Further, the authorities have got power to extend the time limit upto 30 days since the arrival of the cargo. The action of respondents would definitely affect the business community, as it is not only the interest of local customers involved but also foreign customers involved in it. Hence, he prayed for allowing this Writ Petition. 5. Mr. J. Bharathan, lea .....

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Inspite of the fact that the fourth respondent is able to sustain his claim by producing the original bill of lading, due to the interim order granted by this Court, the fourth respondent could not get the cargo cleared. Further, each and every day, demurrage charges are levied by the official respondents. Therefore, the fourth respondent is really put to peril, despite the fact that he is the owner of the goods in question. Eventually, he prayed for the dismissal of this Writ Petition. 6. Mr. B .....

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not filed the bill of entry to clear the goods supported by Bill of Lading showing their ownerehsip. Apart from that, as per the Act, the minimum 30 days time expired on 07.06.2015. Therefore, he prayed for the dismissal of this Writ Petition. 7. Heard all the parties and perused the materials available on record. 8. Before venturing into the submissions of all the parties, this Writ Petition is liable to be dismissed on the simple ground that the petitioner has already approached the Principal .....

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