2019 (7) TMI 1192

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....continuation of earlier proceedings of this Court dated 11.07.2019, which reads as follows: 'Mr.Rajkumar Jhabakh, learned Standing Counsel for Customs accepts notice on behalf of both the respondents, seeks time to get instructions and respond. List this matter on 17.07.2019 in the 'Motion List'. 3. After getting instructions, learned Standing Counsel for Customs is before this Court. 4. With consent of learned counsel on both sides, main writ petition itself is taken up, heard out and is being disposed of. 5. Owing to the trajectory of the hearing today, it may not be necessary to set out factual matrix in great detail. Suffice to say that subject matter of instant writ petition pertains to import of ....

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....cessary to make any further elaboration on the same. Suffice to say that this notification was assailed interalia by the writ petitioner by way of writ petitions in this Court, being W.P.Nos.21454 and 21455 of 2018 and this Court, had, vide order dated 23.08.2018, granted interim orders, staying the operation of the said notification. 8. It is submitted that the stay was thereafter extended and it was operating. 9. While the stay was operating, writ petitioner and several other importers had imported said goods vide another consignment and these imports ran into rough weather. Therefore, this writ petitioner along with several other similarly placed importers filed writ petitions in this Court seeking release of the other consignment ....

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....aforesaid notification, being notification No.19/2015-2020, dated 05.08.2017, which was stayed vide orders mentioned supra, the writ petitions ultimately came to be dismissed by a common order dated 04.04.2019 in a batch of writ petitions. In this backdrop, what is now of relevance is, there is no disputation or disagreement before this Court that as far as release of consignment with regard to importer is concerned, the reckoning date is the date of Bill of Lading. As would be evident from the narrative thus far, it will be clear that Bill of Lading in the instant case is dated 20.02.2019. Therefore, the Bill of Lading is before 27.02.2019, but what is of utmost significance is, it is before 04.04.2019 also. 13. It is submitted without ....