TMI Blog2010 (5) TMI 874X X X X Extracts X X X X X X X X Extracts X X X X ..... cting the grand channel and gate way of the Gulf of Cambay and allow the petitioners to remove and store pieces of wreck of D.V.Platinum-II at the land allotted by Gujarat Maritime Board on 7.1.2010 and declared landing port by Custom Department on 15.3.2010 with appropriate terms and conditions that till the custom department considers the representation of the petitioners for adjudication of bill of entry as per the MOA, which the petitioners have entered into an undertaking be given by the petitioner that petitioner will not remove the wreck from Port Sartanpar area and bear the cost which may be determined by the Custom Department for supervision of pieces of remove said wreck at Port Saltanpur to prevent ecological and environmental di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... declared in the MOU dated 23.12.2009 for the reasons stated in the Memo of Petition and in the interest of justice; (C) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent no.3 to decide the representation dated 5.4.2010 and 22.4.2010 by which the petitioner, its agent and intending purchaser have requested that the petitioner is entitled for abatement under Sec. 22 of The Customs Act, 1962 on account of the fact that the goods has been adversely affected, damaged and broken into pieces and in view of the D.V. Platinum-II declared by Gujarat Maritime Board and Customs Department and direct the respondent nos. 2 3 to assess the Bill of Entry fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment) Regulations, 1963. 5. Upon such statement having been made on behalf of respondent Nos. 2 and 3, learned Senior Advocate appearing for the petitioners has submitted that the petitioners shall pay the duty and furnish security/bond for differential duty as required by the relevant provisions of the Act with Regulations in accordance with law subject to rights and contentions of the parties to agitate in appropriate proceedings, if so warranted. 6. Upon completion of the aforesaid proceedings, learned Counsel for respondent Nos. 2 and 3 has informed the Court that the vessel (Wreck) shall be permitted to be taken to the landing place in accordance with law subject to the final assessment being framed in accordance with law. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
