2024 (9) TMI 75

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....ment of Soyabeans to Respondent Nos. 4 and 5. As Respondent Nos. 4 and 5 did not make the payments on time, the same goods, while in transit, were sold to Petitioner. The payment terms to Petitioner were 100% D/P at sight through the Bank of buyers. The said goods stuffed into 10X20 FCL containers were shipped on 16th February 2024 from the port of Apapa for discharge at Jawaharlal Nehru Port, Nhava Sheva. The shipment is evidenced by a Bill of Lading bearing No. 234460820 dated 16th May 2024. Since the goods arrived at the port of Nhava Sheva before the contract between Respondent No. 6 and Petitioner was entered into, the Import General Manifest (IGM) was filed by the shipping line showing Respondent No. 5 as consignee. Now that the consi....

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....y of the new Bill of Lading, referred to earlier, is also annexed at Exhibit-K to the petition. 4. Mr. Adik on instructions states that if Petitioner complies with the procedure prescribed in paragraph 3(c) and (e) of Customs Circular No. 14/2017-Customs dated 11th April 2017, the department will allow amending the IGM relying on the NOC issued by the shipping line. Mr. Adik states that the documents to be submitted can be found at Item No. 18 of the annexure to the circular and the same reads as under:- Sr.No. Amendment Type (Major) Tick the appropriate Documents required 18 Changing the Importer's/Consignee name   . Bill of Lading both primary and Revised (Original/Attested by Shipping Line) . Letter fro....

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....r short `IGM'). The petition proceeds on the footing that the petitioner was informed that unless no objection certificate is issued by the respondent No. 4, the application for modification of the IGM will not be considered. The main submission is that as the respondent No. 4 is neither a consignee nor a consignor, the no objection certificate of the respondent No. 4 is not required. The learned counsel for the respondent Nos.1 to 3 has placed on record a circular dated 11th April 2017 and in particular Item No. 18 of the Annexure to the Circular which deals with the change of name of the importer/consignee in the IGM. The learned counsel for the respondent Nos.1 to 3 submitted that if the petitioner complies with the requirement of pr....

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....ised by the private parties regarding subject goods; (II) Upon such an indemnity bond being executed and furnished by the petitioner, the concerned Authority shall pass appropriate order as expeditiously as possible and in any event within a period of one week from the date on which indemnity bond is furnished by the petitioner; (III) We make it clear that the remedies available to the respondent No. 4 are kept open and all contentions of the parties in that behalf are kept open; (IV) All concerned to act upon an authenticated copy of this order." We respectfully would follow the directions given in paragraph 5 of the said order. Ordered accordingly. 8. We also make it clear that remedies of Respondent No. 5....