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2016 (12) TMI 520 - BOMBAY HIGH COURT

2016 (12) TMI 520 - BOMBAY HIGH COURT - TMI - Implementation of facility notice - It is stated that as per this Facility Notice issued on 3rd May, 2011, the importers have been given a liberty to take their goods to a Container Freight Station of their choice provided such intimation is given to the shipping lines 72 hours prior to the arrival of the vessel. However, even after issuance of the Facility Notice by the 2nd Respondent, the shipping lines are not complying with the instructions - It .....

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horities under the bond. Thereafter, the CFS allows destuffing of the goods and after the formalities of assessment and payment of customs duty are made, the goods can be moved out. The custodian releases the goods from CFS by issuing them a gate pass. However, the shipping lines themselves choose the CFS of their choice with whom they have a tie up and intimate to the Customs Authorities that there is no say from the importers. It is therefore apparent that the CFS operators near several ports .....

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se at the port can look into and rather should look into these grievances. Therefore, without in any manner expressing any opinion with regard to the contractual dispute, since there are day to day and practical difficulties projected in implementing the Facility Notice, we direct the competent authority or the 2nd Respondent by himself to treat the present Petition and all annexures thereto as a complaint or representation in writing by the Petitioner importer. The competent authority shall tak .....

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r Article 226 of the Constitution of India seeks a writ of mandamus or any other appropriate writ, order or direction directing Respondent No.2, its subordinates, servants, agents and officers reporting at the Jawaharlal Nehru Customs House, Nhava Sheva to unconditionally implement and enforce what is styled as Facility Notice No.69 of 2011. 2 We have heard Ms. Jain, learned counsel appearing on behalf of the Petitioner, Mr. Jetly appearing for Respondent Nos.1 to 3 and Mr. Kantawala, appearing .....

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11, the importers have been given a liberty to take their goods to a Container Freight Station (CFS for short) of their choice provided such intimation is given to the shipping lines 72 hours prior to the arrival of the vessel. However, even after issuance of the Facility Notice by the 2nd Respondent, the shipping lines are not complying with the instructions. The Petitioner has set out as to how the Facility Notice came to be issued. It is stated that the vessel owner along with other informati .....

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FS allows destuffing of the goods and after the formalities of assessment and payment of customs duty are made, the goods can be moved out. The custodian releases the goods from CFS by issuing them a gate pass. However, the shipping lines themselves choose the CFS of their choice with whom they have a tie up and intimate to the Customs Authorities that there is no say from the importers. It is therefore apparent that the CFS operators near several ports may be paying a nomination premium to ship .....

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that regarding one such grievance and on the same lines, an importer approached this Court. A judgment delivered by the Division Bench in which one of us (S. C. Dharmadhikari, J.) is a party and that judgment is reported in 2015 (325) Excise Law Time page 594 (Bom.) ( J. J. Polyplast Pvt Ltd v/s Ministry of Shipping, Mumbai). 8 Though, that judgment covers the controversy but this Court can direct the authorities to look into the grievances of importers like the Petitioner even now. It is high- .....

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