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M/s. Nav Agro Pvt. Ltd. Versus Deputy Commissioner of Customs And Others

2016 (5) TMI 391 - MADRAS HIGH COURT

Seeking direction for release of goods within a stipulated time - Import of Thiamexthoxam 141 G/L+Lambda-Cyhalothrin 106 GL - Goods imported to Chennai Sea Port for re-export to third party client in Colombia - Clearance withheld for want of CIB Registration and for production of Certificate from CIB as per Section 3(e) of the Insecticide Act, 1968. Petitioner contended that it may be given liberty to give additional representation.

Held that:- without going into the merits of the cas .....

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l hearing to the petitioner. - Petition disposed of - W. P. No. 2355 of 2016, W.M.P.No.2035 of 2016 - Dated:- 13-4-2016 - M. Duraiswamy, J. For the Petitioner : Mr. M. Venkatachalapathy, Sr.Counsel for Mr.M.Sriram For the Respondents : Mr.K.Mohanamurali, CGSC ORDER The petitioner has filed the above writ petition for issuance of a writ of mandamus directing the respondents to release the goods of the petitioner under the Bill of Entry No.2242349 dated 13.8.2015 within a stipulated time without r .....

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er provided all the necessary documents before the Office of the 1st respondent. However, even after furnishing of the information, the consignment was not assessed and cleared under Bond for further export to Colombia. The petitioner by their letter dated 23.9.2015 addressed to M/s.Triway Container Freight Station requested to make arrangements for clearance of goods with a copy enclosed to the 1st respondent's office. In the mean time, the petitioner was orally informed by the Assessing Gr .....

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y the petitioner. 4. Mr.M.Venkatachalapathy, learned Senior Counsel appearing for the petitioner submitted that in view of the judgment of the Division Bench of the Kerala High Court in Union of India represented by the Secretary Ministry of Finance and others VS. Maliakkal Industrial Enterprises represented by its sole Proprietor, Joseph Maliakkal and others, reported in CDJ 2014 Kerala HC 385, the respondents are bound to release the goods to the petitioner. 5. Mr.K.Mohanamurali, learned Stand .....

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