2015 (10) TMI 1910

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Shroff and Mr. Pinkesh Shah i/b. M/s. Mulla and Mulla and CBC For the Respondent : Mr. Pradeep S. Jetly for Mr. Sanjay Jain with Mr. Hemant Prabhulkar i/b. M/s. Juris Peritus Mumbai ORDER The Petitioners are essentially aggrieved by the letter/communication at page 137 of the paper book dated 8th January, 2015, which contains, according to the Petitioner, an order that in view of what ha....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....u Customs House, Sheva, Navi Mumbai informed the Petitioner that they must resubmit the application via JNPT. That was done on 22nd October, 2014, but the JNPT has not submitted their application to the Commissioner of Customs. In these circumstances, by this application, the Petitioners prayed to process their case and grant the handling permission. They specifically stated that the matter involv....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... The arguments center around the submission and furnishing of Bank Guarantee, which the Petitioners submitted that they are not required to furnish, as Regulation 5 itself clarifies this aspect. 5) We are not required to go into either the Regulations or its clauses. For the simple reason that the communication which is impugned in this Petition refuses to process the Petitioners' applicati....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ion can be processed further and without the tag/label that it is submitted through JNPT. If the appointment is sought in terms of the Regulations, then, irrespective of what is stated in the impugned communication and the issues in the pending litigation, in terms of these Regulations, the Petitioners' application can be processed. It can be processed and a decision taken thereon in accordanc....