9911796707
TMI Blog2023 (1) TMI 1001X X X X Extracts X X X X X X X X Extracts X X X X ..... NK P LODHA FOR THE RESPONDENT ORDER PER : HONOURABLE MS. JUSTICE SONIA GOKANI 1. Petitioner is an unpaid seller which had shipped Aluminium Scrap through shipping line M/s. Sunstar Shipping Services, Gandhidham to India. The said goods were sold to M/s. Ghanshyam Metal Udyog. According to the petitioner, it is an importer and after the goods reached Indian Port, the Indian importer had relinqui ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d (Annexure'L') mentioning therein that the request for permission to re-export of the Unclaimed Cargo could be considered only after Bill of Entry for clearance/disposal is filed; D. Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent Nos. 2 and 3 to allow the petitioner to file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of Auction Notice dated 20.10.2021 (Annexure 'P') issued by Respondent No.4 above named pending issuance of notice, admission and final hearing of this petition. H. Your Lordships may be pleased to pass any order in favour of the petitioner that may be deemed fit in the interest of justice, having regard to the facts and circumstances of the present case. 3. The petitioner is claiming to have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lected in the IGM against the above Bill of Lading. 3.1 It is emphasized by the petitioner that the sale contract dated 16th August, 20220 is entered into by the present petitioner and Ghanshyam Metal Udhyog in relation to the scrap of 60 M.T., one of the consignments out of total 60 M.T, being 26.450 M.T has been cleared by Ghanshyam Metal Udhyog vide invoice No. 811 19th September, 2020. Howeve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bill of entry has produced, nor anyone is claiming the material which is lying for more than 30 days beyond the prescribed time limit for clearance. 7. On hearing of both the sides at preliminary stage, considering the issue of right of the unpaid seller, we firstly need to direct the impleadment of the buyer Ghanshyan Metal Udyog, Survey No. 36/1, Kuha Road, Singarva, Ahmedabad 382430, Gujarat, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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