2023 (12) TMI 918

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..... kh. P.C.: By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following substantive reliefs :- "1) That this Hon'ble Court may be pleased to issue a Writ of Mandamus or any other appropriate writ or order or directions, directing the Respondent Agency and more particularly to 2nd Respondent to grant Provisional Release of the goods covered by Ex .....

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..... 2023 by which the said notification was stayed. The petitioner, therefore, requested respondent no. 2 to release the goods as the same are perishable in nature. (iv) On 27th November 2023, the petitioner once again requested for 'Provisional Assessment' of the goods based on the minimum import price notified in the notification and requested respondent no. 2 to release the goods to avoid furthe .....

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..... ought for by relying on Notification No. 5/2023 which imposes minimum cap of Rs. 50/- per kg. for import of Apples whereas the petitioner has imported the goods at less than Rs. 50/- per kg. However, the respondents has not disputed that the notification has been stayed by the Kerala High Court. 5. We have heard learned counsel for the petitioner and the respondents. 6. In our view, the petition .....

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