2022 (2) TMI 1180

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....t (Original Petitioner) seeks an Order and direction against the Respondents to allow the export of the goods detained by D.R.I., Mumbai Zonal Unit, Mumbai through panchanama dated 22nd / 23rd September 2021, through 8 shipping bills all dated 17th September 2021, subject to the terms and conditions as this Court may deem fit. 2. In Writ Petition No. 7155 of 2021, the Petitioner has prayed for writ of certiorari to set-aside the detention of the goods made by D.R.I., Mumbai Zonal Unit, Mumbai, qua the goods exported by the Petitioner through 8 shipping bills all dated 17th September 2021 and further seeks to quash the summons dated 29th September 2021. 3. The Writ Petition has been admitted by this Court by Order dated 7th December 2021 a....

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....us loss in view of the detention of the goods for last three months and as a result of that, the export obligation of the Applicant could not be complied with within the time prescribed in the agreement between the Applicant and the Importer. 8. Interim Application No.135 of 2022 is opposed by the Intervenor, who has filed a separate Interim Application No.3417 of 2021 i.e. M/s. Golden Tobacco Limited. Learned counsel for the Intervenor invited our attention to the Order passed by the Delhi High Court in Arbitration Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, by his client against the Applicant. He submits that, there is no licence in favour of the Applicant for manufacturing the said tobacco products and ....

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....f goods which are subject matter of this Petition in this Writ Petition. The rights, if any, claimed by the intervenor on the basis of the agreement entered into between the Applicant and the Intervenor are subject matter of the arbitration proceedings. We are thus not inclined to Applicant/Intervenor to intervene in these proceedings. Intervention Application filed by the Intervenor bearing Interim Application No. 3417 of 2021 is accordingly rejected. 11. In so far as the reliefs sought by the Applicant (Original Petitioner) is concerned, Mr. Jetly, learned Senior Counsel for the Respondents invited our attention to various averments and Affidavit-in-Reply filed in Writ Petition No. 7155 of 2021 and also in Interim Application No.135 of 2....

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.... will not press for such claim during the pendency of the Writ Petition filed by it. Though the Petitioner would be entitled to lodge their claim with the concerned Office, such claim shall remain pending and be kept in abeyance during the pendency of the Petition. The export which is being permitted by the said Order dated 12th January 2022 and modified by this Order, would be subject to the outcome of the Writ Petition. 13. In our view, interest of justice would be made, if we pass the following Order. Hence, following Order. (a) The Applicant is directed to execute bond of full FOB value in the sum of Rs. 5,39,93,999/- within two weeks from today. (b) In addition to the execution bond, the Applicant is directed to furnish bank guara....