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2015 (10) TMI 1910 - BOMBAY HIGH COURT

2015 (10) TMI 1910 - BOMBAY HIGH COURT - 2015 (326) E.L.T. 244 (Bom.) - Rejection of application for handling hazardous cargo - Petitioner was informed that only JNPT can apply for authorization in CFS; application thus cannot be processed Held That:- Application can be considered independent of the proceedings and the stand of the JNPT, but in terms of the Regulations; thus same be processed without being influenced by the communication in any manner within 6 weeks Decided in favour of Peti .....

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ins, according to the Petitioner, an order that in view of what has been observed and held in the communication, it is only the Jawaharlal Nehru Port Trust (JNPT), being the custodian, who will have a right to apply for the authorization for handling hazardous cargoes in the Customs Freight Station (CFS). Therefore, the Petitioners were informed that their application cannot be processed further. 2) The Petitioners applied for permission for handling hazardous cargo. That was dated 28th November .....

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er, 2014, but the JNPT has not submitted their application to the Commissioner of Customs. In these circumstances, by this application, the Petitioners prayed to process their case and grant the handling permission. They specifically stated that the matter involving them and Customs is subjudice and will take its own time to resolve. 3) By the impugned communication, this application has been refused or in a way the Petitioners have been informed that it cannot be processed further. Reference is .....

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Nos. 1 and 2 as reflected in their affidavit in reply. The arguments center around the submission and furnishing of Bank Guarantee, which the Petitioners submitted that they are not required to furnish, as Regulation 5 itself clarifies this aspect. 5) We are not required to go into either the Regulations or its clauses. For the simple reason that the communication which is impugned in this Petition refuses to process the Petitioners' application. The ground of refusal is that the JNPT shoul .....

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