TMI Blog2016 (7) TMI 1336X X X X Extracts X X X X X X X X Extracts X X X X ..... title of goods transfers to their Firm and prior to the entry of goods in the territorial jurisdiction of India, etc - Held that: - the fifth respondent proceeds to take a plea that although the first respondent/writ petitioner and the petitioner/proposed sixth respondent’s claims that the ‘Bill of Ladings’ were issued in their name, they were not able to produce the same either before the invest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an, R. Vijayakumar, K. Gokul, D. Sivaraman and S. Muthalraj, Advocates, for the Respondent. ORDER This miscellaneous petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. V. Sasikumar, Advocate for the petitioner and of Mr. B. Vijay Karthikeyan, Advocate for 1st respondent, Mr. R. Vijayaku ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) and Article 286(2) of the Constitution of India. 3. Continuing further, it is the stand of the petitioner that the title of the goods was on the basis of Bill of Ladings carrier documents vested with the first respondent/writ petitioner and after the High Sea Sale Agreement, the title of goods transfers to their Firm and prior to the entry of goods in the territorial jurisdiction of India, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he name of Glory Cashews and it was informed that a mistake had crept in the Office of the third respondent/Cosco India Shipping Private Limited, Tuticorin, because of which, the name of the first respondent/writ petitioner came to be mentioned in the Import Goods Manifesto and steps were taken to correct the mistake by making suitable amendments in the IGM. 6. That apart, the fifth respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts anxious consideration to the stand taken by the respective parties and is of the considered view that since the petitioner in WMP (MD) No. 8152 of 2016 in W.P. (MD) No. 9351 of 2016 claims that he is one of the bona fide purchasers of Raw Cashews from the first respondent/writ petitioner and had entered into a valid High Sea Sale Agreement, this Court, in the interest of Justice and fair play, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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