2023 (9) TMI 1393

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....00) FOR THE RESPONDENT(S) NO. 5 MR.VISHWAS SHAH, ADVOCATE WITH MS.BHAVANA SHAH, ADVOCATE FOR THE PETITIONER(S) NO. 1 MR.KSHITIJ AMIN, ADVOCATE FOR THE RESPONDENT(S) NO. 1 MR CB GUPTA(1685) FOR THE RESPONDENT(S) NO. 2,3 FOR THE RESPONDENT NO.4 MR SUKUMAR M TIRTHANI(12200) FOR THE RESPONDENT(S) NO. 5 ORDER ( PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA ) 1. Both these petitions are arising from non clearance of the perishable goods i.e. Inshell Walnuts and Almonds imported at Mundra Port under the following Bills of Lading: S. No. Date Bill of Lading No. Container Details 1.  04.03.2023 HLCUBSC2302BGUD8 Container of Inshell Walnut Seal No.UL8700943 2 04.03.2023 HLCUBSC2302BGUD Container of Inshell Wal....

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....3) who while acting as a Freight Forwarder or Non-Vessel Owner Common Carrier ('NVOCC') who issued four house bills of lading for transporting consignment sent from USA to India. The said NVOCC entered into back to back contracts with main shipping lines i.e. Cosco Shipping Lines (India) Private Limited for transportation of consignments who in turn issued corresponding master bills of lading covering the goods consigned by the petitioners. It appears that based upon the house bills of lading, four IGM No.2343532 dated 12.05.2023 (Line Nos.175 and 176) and IGM No.2344833 (Line No.96 & 97) dated 25.05.2023 at Customs House, Mundra under Section 30 of the Customs Act were filed. 5. The consignment of the goods arrived at Mundra Port on 15.05....

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.... as the said company is desirous of purchasing the cargo. 10. It appears that there is a dispute with regard to the ownership of the goods between the petitioners of both the petitions and in absence of bills of entry being filed with the respondent authorities, it would not be possible for the custom authorities to make assessment order for determining the duty payable for release of the goods either for home consumption or for warehousing the same. 11. Be that as it may, at present, the urgent issue is with regard to the release of the perishable goods by the Customs Authorities which are lying at Mundra Port so as to see that the perishable goods are in proper condition. Therefore, following interim order is passed in the interest of j....