Gujarat High Court
Imtex Trading Pte Ltd Thru. Authorised ... vs Union Of India Through The Secretary on 21 June, 2019
Author: S.R.Brahmbhatt
Bench: S.R.Brahmbhatt, A. P. Thaker
C/SCA/6217/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6217 of 2019
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IMTEX TRADING PTE LTD THRU. AUTHORISED SIGNATORY JAVED
AKHTAR KHAN
Versus
UNION OF INDIA THROUGH THE SECRETARY
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Appearance:
MR HARDIK P MODH(5344) for the Petitioner(s) No. 1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 1,4,5,6
VIRAL K SHAH(5210) for the Respondent(s) No. 2,3
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CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
and
HONOURABLE DR.JUSTICE A. P. THAKER
Date : 21/06/2019
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT)
1. The present petition was taken out under Article 226 of the Constitution of India with following prayers:-
"(a) this Hon'ble Court be pleased to issue writ of Certiorari or any other appropriate writ, order or direction under Article 226 of the Constitution of India, calling for the records and proceedings of the case from the office of the Respondent No.2 and 3 and after perusing and examining the legality thereof quash and set aside the condition of obtaining NOC from the first consignee stipulated in the Board Circular No.14/2017 issued by 3rd Respondent for amendment the GIM and the Bill of Lading;
(b) THAT this Hon'ble High Court may be pleased to issue a Writ of Mandamus or Writ in the nature of Mandamus or any other similar writ or order or direction directing the second and forth respondent to permit the amendment of the name of the consignee in the IGM and Bill of Lading and allow clearance of the cargo to Page 1 of 2 Downloaded on : Tue Jun 25 04:11:15 IST 2019 C/SCA/6217/2019 ORDER Respondent No.6 on payment of customs duties and without demurrage and rent charges in terms of "Handling of Cargo in Customs Area Regulations, 2009";
(c) pending the hearing and final disposal of the present petition no the respondent No.2 and 4 may be directed to allow clearance of the goods to Respondent No.6 on payment of Appropriate duties of Customs;
C1 Pending hearing and final disposal of the present petition, the Respondents be abstained from taking any action, including auctioning of the goods.
(d) for interim and ad-interim relief in terms of prayer clause (c) above;
(e) for costs of this Petition;
(f) for such further and other reliefs be granted to the Petitioners as this Hon'ble Court may deem proper and fit in the nature and circumstances of the case."
2. Learned advocate Shri Amit Laddha for Shri Modh, learned advocate for the petitioner places on record the order passed by Custom Authorities dated 13.5.2019 issued on 14.5.2019 permitting amendment in Import General Manifest and submits that, in that view of the matter, now nothing further survives in the matter. In view of this, this petition is DISMISSED as having become infructuous. Notice is discharged.
(S.R.BRAHMBHATT, J) (A. P. THAKER, J) R.S. MALEK Page 2 of 2 Downloaded on : Tue Jun 25 04:11:15 IST 2019