2023 (1) TMI 1001

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.... it is an importer and after the goods reached Indian Port, the Indian importer had relinquished the cargo. He had not even bothered to file Bill of Entry and get the goods cleared. The petitioner is an unpaid seller having the title of the goods. According to him, it wishes to take back the goods. Since, his request is not being acceded to by the respondent-authority and instead with the nod of respondent No.2, 3, respondent No.4 had initiated the auction of the goods. He has approached this Court with the following prayers:- "A. Your Lordships may be pleased to admit this position; B. Your Lordships may be pleased to allow this petition; C. Your Lordships may be pleased to issue a writ of mandamus or a writ in t....

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.... notice, admission and final hearing of this petition. H. Your Lordships may be pleased to pass any order in favour of the petitioner that may be deemed fit in the interest of justice, having regard to the facts and circumstances of the present case. 3. The petitioner is claiming to have the contract with Ghanshyam Metal Udhyog, whose letter has also been produced before this Court seeking the request with the Deputy Commissioner of Customs to permit the re-export of import container arrived at ICD Sabarmati as due to unavoidable circumstances, clearance of the consignment is not done by the consignee. The letter of Ghanshyam Metal Udhyog addressed to The Assistant Commissioner of Customs indicates that a request is made by the ....