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TMI Blog2024 (4) TMI 251X X X X Extracts X X X X X X X X Extracts X X X X ..... ned counsel for the respondents. 2. This petition filed under Article 226 of the Constitution of India is filed praying for the following reliefs:- "(a) that this Hon'ble Court be pleased to declare that the Respondent No. 3 has acted beyond its territorial jurisdiction by directing the containers containing the goods of the Petitioner to be put on hold"; (b) that this Hon'ble Court be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other writ, order or direction calling for the records of the present case and after going through the legality and validity thereof be pleased to quash and set aside the impugned letter dated 26.11.2023 issued by the Respondent No. 3, by which the 43 containers c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rect the Respondents, its officers, subordinates, servants and agents to refrain from acting pursuant to letter dated 26.11.2023 issued by the Respondent No. 3; iii. direct the Respondent No. 3 and 5 to issue a detention/ demurrage waiver certificate to the Petitioner. (h) for ad-interim reliefs in terms of all the prayer clauses above; (i) for costs, and (j) for such further and other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case." 3. The primary contention as urged on behalf of the petitioner in support of the prayers, which are intended to seek clearance of the goods, subject matter of Bill of Entry No. 8845987 dated 20 November, 2023, is to the effect that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontainers which belong to respondent No. 8-Mediterranean Shipping Company S.A. If there is any issue inter se between the petitioner and respondent No. 8, all contentions in that regard are required to be expressly kept open. 7. Be that as it may, today we are primarily concerned with the contention as urged on behalf of the petitioner for clearance of the goods. In supporting the petitioner's contentions, Mr. Nankani has brought to our notice a letter dated 15 December, 2023 addressed by the petitioner to the Deputy Commissioner of Customs (Imports), JNCH, Nhava Sheva which reads thus:- " Date: 15.12.2023 To, The Deputy Commissioner of Customs (Imports) JNCH, Nhava Sheva Sub.: Request for Cancellation / Amendment in BOE No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Another Vs. Sampat Raj Dugar and Another (1992) 2 Supreme Court Cases 66. 9. On a query made by us, Mr. Nankani has submitted that there are no transactions of the petitioner with respondent No. 6, except the present High Seas Sale which too stands cancelled. It is submitted that except for this contract, the petitioner has never dealt with respondent No. 6. 10. Respondent No. 6 who is represented by Mr. Gohil, learned counsel states that respondent No. 6 has no objection whatsoever for the goods being cleared by the petitioner. 11. Mr. Mishra has made submissions relying on the reply affidavit filed on behalf of the respondents. There are several contentions which primarily appear to be the contentions against respondent No. 6, who ..... X X X X Extracts X X X X X X X X Extracts X X X X
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