TMI Blog2017 (7) TMI 833X X X X Extracts X X X X X X X X Extracts X X X X ..... . Though such an application was filed and the same was registered under due compliance of the conditions under Rule 5(a) and (b) of IPR Rules, the Right Holder did not participate in the proceedings. Therefore, the second respondent had stated that the suspension of the imported goods is lifted in terms of Rule 7(3) of the IPR Rules. In such circumstances, the petitioner, for not fault committed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondents to grant a detention certificate in terms of Regulation 6(1) of the Handling of Cargo in Customs Area Regulation 2009, in respect of the goods covered under the Bill of Entry dated 3.10.2016. 3. The petitioner had imported architectural gypsum mouldings from Malaysia and the goods on arrival at Chennai Port were detained on account of the fact that one M/s.Radha Decors of Puduc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the facility offered under Section 49 of the Act. 4. Subsequently, by a communication dated 02.01.2017, the second respondent informed the petitioner that since the Right Holder M/s.Radha Decors, Puducherry, have not joined the proceedings, as stipulated under the provisions of IPR Rules, the suspension of the clearance, imposed on the petitioner's consignment dated 03.10.2016 is lifted in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct is that the suspension of imported goods was on account of an application being made by the Right Holder under Rule 5 of the IPR Rules. Though such an application was filed and the same was registered under due compliance of the conditions under Rule 5(a) and (b) of IPR Rules, the Right Holder did not participate in the proceedings. Therefore, the second respondent had stated that the suspensio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... direction to the second respondent to issue necessary Detention Certificate stating the reasons for which Cargo was detained and as to when such detention was cleared. This certificate shall be issued without prejudice to the Department to recover the charges payable on account of such detention from the Right Holder by exercising their power under the Rules. The said direction shall be complied w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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