2015 (9) TMI 1138

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....th an extended time limit of one month and consequently restrain the 1st respondent to deliver the above said cargo to any third party other than the petitioner based on his representation dated 08.05.2015. 2. The short facts necessary for the disposal of this Writ Petition are as follows:- The petitioner is one of the importers of raw cashew nuts. He claims to have business transaction with Raw Materials and Commodity Company NIG Ltd., along with IEF OBAN Road, AWE OYO State, Nigeria. It is stated that the above said consignor dispatched certain consignments to the petitioner at Tuticorin, Tuticorin District. The cargo was unloaded on 06.05.2015 at Customs ICD at St. John ICD and there is 14 days time for clearing the containers with....

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....tend the time limit upto 30 days since the arrival of the cargo. The action of respondents would definitely affect the business community, as it is not only the interest of local customers involved but also foreign customers involved in it. Hence, he prayed for allowing this Writ Petition. 5. Mr. J. Bharathan, learned Counsel appearing for the fourth respondent (impleading party) through his vacate stay petition would submit that first of all, the petitioner has no locus standi to file this Writ Petition since the fourth respondent is the actual purchaser and the transaction of the agreement between the petitioner and the consignor at Nigeria does not materialise between them. For the above-said reasons, the petitioner has not been able ....

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....on the simple ground that the petitioner has already approached the Principal District Munsif (Vacation) Court, Tuticorin District, seeking for the relief of permanent injunction against the private respondents herein, where, he could not obtain any order. The trial Court has ordered notice on 13.05.2015, which is still pending. Immediately, on 20.06.2015, he approached this Court and got an order of interim stay. It is pertinent to note that either in the Writ Petition or in his subsequent counter affidavit dated 01.06.2015, there is not even a whisper about the suit pending on the very same issue. The petitioner cannot pursue his remedy simultaneously. Therefore, Prima facie, he has not filed this Writ Petition with clean hands. Once this....