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2020 (11) TMI 197

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..... fering on day to day basis. Direction is, therefore, issued to respondent No.3 to finalize the claim of the petitioners with regard to the amendment of IGM within a period of one week from today, keeping in view of the judgments, reference whereof has been made in the earlier part of this order. Petition disposed off. - CWP No. 14651 of 2020 - - - Dated:- 4-11-2020 - HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH And HON'BLE MR. JUSTICE ASHOK KUMAR VERMA Mr. Saurabh Kapoor, Advocate, for the petitioner Mr. Tajender K. Joshi, Senior Standing Counsel for the respondents ORDER AUGUSTINE GEORGE MASIH , J. ( ORAL ) Petitioners have approached this Court with a prayer for issuance of writ of mandamus for deleti .....

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..... e forth, petitioners as well as shipping agent have made a request for amendment in the IGM on 24.06.2020 and 30.06.2020 respectively. The said request, of the petitioners, for amendment has not been decided till date. Since the petitioners were suffering demurrage and other charges on daily basis, they have approached this Court by way of the present writ petition. 3. Upon notice having been issued, reply to the writ petition has been filed by respondents taking therein a plea that 'no objection certificate' of respondent No.4, the original consignee, has not been submitted, because of which the amendment as sought cannot be permitted in the IGM. 4. This, the counsel for the petitioner contends, is not sustainable in the ligh .....

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..... IGM has been made. Counsel, on this basis, contends that the respondents have, in a mechanical manner, taken an objection of non-receipt of 'no objection certificate' on the basis of the circular dated 11.04.2017 without taking into consideration the law and in violation of the provisions of the Customs Act, 1962. The stand of the respondents, thus, cannot sustain. Prayer has, thus, been made that the present writ petition may be allowed directing amendment in the IGM and release of the goods after paying the necessary charges. He further states that the petitioners are ready and willing to give indemnity bonds or any other security to protect third party rights, in case of any claim put forth by any party relating to the goods, wh .....

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