TMI Blog2022 (5) TMI 662X X X X Extracts X X X X X X X X Extracts X X X X ..... d or confiscated by the Customs or any other Authority. However, according to Mr. Verma, the order of this Court in the case of Green Gold Timbers Pvt. Ltd. is with respect to ground rent charges and not helpful to the writ applicant. This writ application is admitted and an interim order is passed reserving the liberty in favour of the respondent No.5 to raise all the legal contentions available to him including his contention as regards his contractual lien - Rule returnable on 23.08.2022. - R/SPECIAL CIVIL APPLICATION NO. 8495 OF 2022 - - - Dated:- 5-5-2022 - HONOURABLE MR. JUSTICE J.B.PARDIWALA AND HONOURABLE MS. JUSTICE NISHA M. THAKORE KURVEN K DESAI AND TIRTH NAYAK FOR THE PETITIONER MR UTKARSH SHARMA AGP AND MR AS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t him to approach in a fortnight time, with his specific assurance to the respondent, objection raised is not worth sustaining. The Court is of the opinion that there is a sufficient and independent devise and mechanism under the law for him to appear and assist the inquiry/investigation. However, the applicant s nonappearance from inquiry cannot be a valid ground for the authority to hold back his goods without following any legal procedure as contemplated under the law of seizure and, hence, the release should be made immediately within one week from the date of receipt of the copy of this order on following due procedure of law. 32. It is to be noted that there is no dearth of power with the respondent for it to seize the goods and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DRA Phone 02838-271162/271421 FAX : 02838-271421 Email: (not readable) P.No.5/20-01/ not readable BA CHM2021-22 Date 02.002.2022 To, The Deputy Commissioner, Dock Examination (DE), CN, Mundra. Sir, Subject: Release of the cargo/goods-Reg. Please refer to the above mentioned subject. In this regard, it is to inform that examination of the goods imported under Bills of Entry No.4956991 dated 06/8/2021 was carried out by the Officers of Dock Examination. In view of the above, the cargo/ goods may be released after completion of customs clearance procedure as prescribed under Customs Act, 1962. Yours faithfully, sd/- (Mukesh Kumar Karela) De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, clarify that the respondent-importers are free to approach the Mumbai Port Trust in terms of Section 53 of the Act for exemption and remission of demurrage and other charges and the Board may take a sympathetic view while considering the case of the respondent-importers under Section 53. 47. As far as detention charges of the Shipping Line are concerned, in addition to what we have observed above, we are of the view that the High Court could not in writ proceedings have directed the DRI/Customs to pay the detention charges to the Shipping Line since these were to be paid on the basis of a contract between the respondent-importers and the shipping line. In view of the above discussion, the appeals are allowed. The judgment of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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