9911796707
TMI Blog2023 (8) TMI 207X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner, guaranteed under Article 14, Article 19(1)(g) and Article 21 of the Constitution of India and same be struck down; b) Issue a writ of mandamus directing the respondent department not to implement and or give further effect to Regulation 10(1)(l) of Sea Cargo Manifest and Transhipment Regulations, 2018 until the final disposal of the matter. c) Issue a writ of mandamus directing the respondent nos. 2 to 4 not to take any further actions, coercive or otherwise, further to the issuance of waiver certificate and stay further actions on Exhibit no. 7 and Exhibit no. 9." 2. The primary cause of action as asserted by the petitioner to make the above prayers is on the ground that the Deputy Commissioner of Customs had issued Det ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g of the detention and demurrage waiver certificate, but also, issuing the said communication dated 20 February, 2023, is before the Court. 5. On such conspectus, the prayers as made in the petition challenge the vires of Regulation 10(1)(l) of the Sea Cargo Manifest and Transshipment Regulations, 2018 ultra vires to provisions of Customs Act, 1962 as also the rights guaranteed to the petitioner under Articles 14 and 19(1)(g) of the Constitution of India. There is also a writ as prayed that the provisions of the said Regulation be not implemented. 6. We have heard Mr. Joseph, learned counsel for the petitioner, Mr. Jitendra Mishra, learned counsel for respondent no. 1 and Mr. Yogesh Mishra, learned counsel for respondent nos. 2 to 4. We h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsidering our aforesaid observations and at this stage of proceedings. We keep open such challenge as raised by the petitioner to be asserted in the event the need for the petitioner so arises, to challenge the vires of the provisions in future. We keep open all contentions of the petitioner as raised in the present proceedings in regard to such challenge. 10. Needless to observe that in the event if there is any action being taken by the respondents on the basis of the certificates in question, the petitioner is certainly at liberty to move an Interim Application in the appeal before the Tribunal and if such an application is filed, the same be decided in accordance in law. All contentions of the parties are expressly kept open. 11. Dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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