TMI Blog2020 (11) TMI 831X X X X Extracts X X X X X X X X Extracts X X X X ..... in multimodal shipment in which at least one leg involves transport by ship and whether it be an ODC or goods other than ODC. Enabling proviso under Rule 138(10) - HELD THAT:- We perfectly agree with the submission of the learned Senior Government Pleader that this would only enable the consignee to update the e-way bill extending the period provided under the Table; within eight hours from the time of its expiry - If the shipment could be cleared only just before or after the period of expiry of the e-way bill, then there could be an extension made by an updation and the transport commenced with such e-way bill accompanying the goods. The contentions of the appellant is rejected - appeal dismissed. - W.A.No.1495 OF 2020 - - - Da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led to one additional day for every 20 Kms. or part thereof, since the consignment was by road and sea; thus coming under the definition of multimodal shipment. The learned Single Judge held that violence will be caused to the language employed, if the more beneficial provision is made applicable merely for reason of the transport being multimodal; of which one leg involved transport by ship. As far as the enabling provision which permitted extension within eight hours it was found that the appellant did not attempt to so extend the validity period. The writ petition, hence, was rejected with directions as noted above. 3. The learned Senior Government Pleader, on instructions, submits that Exhibits P1 and P1(a) were not available with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by sea, having figured in all the three serial numbers indicates the distinction of ODC and other than ODC having been retained even after the insertion. This is an anomaly which, however, this Court cannot consider having intended only for serial No.4. 5. The next contention is with respect to the enabling proviso under Rule 138(10). We perfectly agree with the submission of the learned Senior Government Pleader that this would only enable the consignee to update the e-way bill extending the period provided under the Table; within eight hours from the time of its expiry. The learned Senior Government Pleader has vehemently argued that there is no authority for the appellant to commence the transport without such extension being carried ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
