2024 (5) TMI 211

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....ropriate writ, order or direction or any other orders, directing the offices of respondent 1 & 2, to issue a process of inquiry Annexure "G" colly and further action against Respondent No. 3 & 4 for illegally holding the Original Bill of Lading No. NSL0020129A dated 18.09.2023, directing the 3rd and 4th Respondent to waive the entire detention charges and release the Original bill of Lading (OBL) and issuance of delivery Order (DO) allowing Petitioner to take delivery of containers as per the choice of the petitioner before the Goods expired and b. Issue a writ of mandamus, direction or any other orders, directing the offices of respondent 1 & 2, to issue a detention waiver letter, allowing 100% waiver of container detention charge....

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....e amount as per invoice of Respondent No. 3, the Respondent No. 3 did not release original bill of lading and delivery order for release of cargo. The petitioner therefore issued legal notice dated 17.10.2023 and by letter dated 12.10.2023 petitioner requested the Commissioner of Customs - Respondent No. 2 to intervene and take action against Respondent No. 3 so that Respondent No. 3 can release the original bill of lading and petitioner can arrange for release of the cargo. 4. Thereafter the petitioner again by notice issued through legal adviser dated 01.03.2024 called upon the Respondent No. 2 - Commissioner to exercise power under Section 143AA of the Customs Act, 1962 read with Rule 11(2) of Sea Cargo Manifest and Transshipment Regu....

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....ier, for failure to comply with any provisions of the regulations. (2) The Commissioner of Customs may, subject to the provisions of regulation 12, suspend the operations of such authorised carrier in his jurisdiction by an order, for reason to be recorded in writing, on any of the following grounds, namely :- (a) failure to comply with any of the provisions of these regulations, within his jurisdiction or anywhere else; (b) failure to comply with any of the conditions of the bond executed by him under these regulations" (c) any misconduct, within his jurisdiction, which in the opinion of the Commissioner of Customs renders him unfit to transact any business in the Customs Station; (d) adjudicate....