2006 (6) TMI 112

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....s for a Writ of Certiorarified Mandamus calling for the records relating to the order passed by the first respondent in Appeal No. C/PD/115/02 & C/152/02 dated 13-3-2003 and quash the same as unsustainable and arbitrary and further direct the second respondent to dispose of the appeal of the petitioner on merits and in accordance with law. 2. The petitioner firm is a stevedore for M/s. Zim line....

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.... Jayachandran, learned counsel for the petitioner submitted that admittedly, the appeal against the order passed by the third respondent was filed after the period or limitation, however, the fact remains that the petitioner has removed the empty container only after obtaining oral permission from the customs authorities, but unable to produce any written order; that the usual practice is only ora....

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....ioner is that he sought oral permission from the authorities before moving the empty container, admittedly, no written permission has been obtained, however, it is stated that it is the common practice in the business to seek only oral permission, since the containers were in the custody of the customs officials and it is not possible to remove the containers without permission of the customs auth....