TMI Blog2004 (1) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... ashing any decision of respondent No. 2 and 3 confiscating the containers. 2.The facts giving rise to the present petition are :- (i) That 12 containers containing used garbage processing machinery weighing about 1,74,964 Kgs. was imported by respondent No. 4 M/s. Renovo Energy Ltd. The consignment imported was not being cleared by the importer respondent No. 4. It was learnt from Respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es including the Deputy Commissioner, SIIB for release of the containers but to no avail. (iv) On 5-8-2002, Deputy Commissioner, SIIB reiterated that they had no objection to handing over the empty containers to the petitioners. Petitioners have been following up with respondent No. 2 for release of the containers but in vain. (v) A legal notice was also given calling upon the respondents to r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the custom authorities, was cropping up in a number of cases, a direction was issued to the Commissioner of Customs, Inland Container Depot (ICD) Tugalakabad, New Delhi as well as to the Chief General Manager, Inland Container Depot, Tugalakabad, New Delhi, to be present in Court. 5.Container Corporation of India had been repeatedly taking the plea that it has no arrangement or space to keep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t No. 3. After hearing Counsel for the parties as also Mr. Sahib Singh, Commissioner of Customs, ICD and Mr. Shukla, Chief General Manager, Northern Region, Respondent No. 3, following procedure and time frame commends to the Court :- (i) In case the imported goods are not cleared within 30 days of their import and are not the subject-matter of any adjudication or investigation being carried out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 60 days of the authorisation arrange for the public auction. In the event goods are not sold in the first auction, then an additional period of 60 days would be available to the Container Corporation of India for carrying out the second and third auction. For carrying out auction, compliance would also be made with Sections 144 and 145 of the Customs Act. The sale proceeds of the auction would ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
