2021 (8) TMI 548

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....E J.NISHA BANU For Petitioner : Mr.Saurabh Kapoor For Respondents : Mr.G.Ramanathan And Mr.R.Aravindan ORDER The Writ Petitions have been filed to quash the impugned order passed by the 3rd respondent in C.No.VIII/48/35/2021-SIIB/OR No.05/2021-22, dated 08.07.2021 and direct the respondents to grant permission to shutout the cargo / taking back the cargo to their premises and to release the go....

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....nd 1122478, dated 15.04.2021 at the port of New Customs House, Tuticorin. (ii) The petitioner submitted all reliable and necessary documents such as Commercial Invoice, Packing List and E way Bill before the Respondent Customs Officers. However the Respondent Officers without considering the Export Invoices, as well as Purchase Invoices detained the goods meant for export vide the Six Shipping B....

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....pondents to permit the goods to be taken back to their premises due to cancellation of export orders and came before this Court to grant permission to shutout the cargo and take back the goods in W.P(MD)No.10363 of 2021. However, the respondents have not ordered for release of the goods, which caused prejudice to the petitioner. Instead, the 3rd respondent vide impugned letter in C.No.VIII/48/35/2....

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....us. 4. The Court heard the submissions made by the learned counsels appearing on either side and perused the materials available on record. 5. Admittedly, now the petitioner is not in a position to export the goods due to cancellation of the export order. The goods are berthed in Tuticorin Port and kept idle and because of that, the demurrage and container charges has been mounting heavily. Sinc....