TMI Blog2020 (3) TMI 928X X X X Extracts X X X X X X X X Extracts X X X X ..... L APPLICATION NO. 1422 of 2020 - - - Dated:- 23-1-2020 - MR. J.B. PARDIWALA AND MR. BHARGAV D. KARIA JJ. Appearance: MR PARESH M DAVE(260) for the Petitioner(s) No. 1,2 for the Respondent(s) No. 1,2,3,4,5 ORAL ORDER (PER : MR.J.B.PARDIWALA) 1. By this writ-application under Article 226 of the Constitution of India, the writ-applicant engaged in the business of manufacturing of various commodities of plastic and having its unit at Kandla Special Economic Zone, has prayed for the following reliefs: 17(A) be pleased to issue a writ of mandamus or any other appropriate writ, order or direction striking down Rule 2(vi)(a) made vide Notification dated 1st March, 2019 (Annexure F ) as ultra vires Section 1(2) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner, KASEZ; and to permit the petitioner to transfer and bring such raw materials to their KASEZ Unit for utilization thereof for authorized operations; (D) pending hearing and final disposal of the present petition, be pleased to direct the Deputy Commissioner of Customs (SIIB), Kandla (Respondent No.4) and the Deputy Commissioner of Customs, KASEZ, Gandhidham (Respondent No.5) to permit the petitioner to transfer and tranship consignments of raw materials covered under Bills of Entry and also the containers as listed at Annexure I to this petition; (E) pending hearing and final disposal of the present petition, be pleased to allow the petitioners to utilize imported raw materials in the nature of virgin plastic waste and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the writ-applicant, the same shall be kept intact. We direct the writ-applicant to file an undertaking before the Development Commissioner at the time of taking delivery of the 05 containers that he shall not deal with the containers in any manner. We are granting this indulgence only keeping in mind the writ-applicant may not have to incur further demurrages on account of the containers lying at the Mundra Port. It shall be open for the Development Commissioner to apply appropriate seals so far as the 05 containers are concerned. 5. Having regard to the nature of this litigation, we expect the respondents to respond at the earliest by filing an appropriate reply by the next returnable date. Direct service is permitted. - - Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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