2015 (1) TMI 1078

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....spondent. ORDER Heard Mr. A.K. Jayaraj, learned counsel appearing for the petitioner and Mr. P. Chandrasekar, learned Senior Central Government Standing Counsel appearing for the respondents. 2. The petitioner has come up with the present writ petition for the issuance of a writ of mandamus directing the respondents to release the consignment of Snap Fasteners, Sliders, Elastic Tapes....

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.... According to the petitioner, the staff of the Warehouse and Packing Department have dispatched the wrong goods lying at the Warehouse instead of the goods as specifically ordered. Therefore, the petitioner requested the authority to re-send the goods to China as the other goods were wrongly sent by the staff of the Warehouse and they were not really intended to send such items. The petitioner als....

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....e name of M/s. Shiny Knitwear, Tirupur had been misused by selling the same by Mr. Pradeep one of the employees of M/s. Shiny Knitwear, Tirupur. Therefore, a show cause notice dated 28-2-2013 has been issued and the matter is pending for adjudication. The goods have been misdeclared in order to evade payment of Anti-dumping duty. The investigation reveals that the petitioner has intentionally ship....

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....tioner that the staff of the warehouse have wrongly dispatched the goods instead of the declared goods has to be proved only by way of adjudication. Therefore, the relief sought for by the petitioner to release the goods or reshipment cannot be granted at this stage. However, since the importer has disowned the goods, there is no impediment for the authority to permit the petitioner to participate....