2025 (1) TMI 271

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....itioner. ORDER By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs : "A.  Issue a writ in the nature of mandamus or any other appropriate writ, order, or directions, directing Respondents to release the empty containers of Petitioner as mentioned in paragraph 6, to Petitioner within a time frame to be fixed by this Hon'b....

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....e of the petitioner that on various dates in the year 2021 acting as an Indian Cargo Delivery Agent of M/s. Nauka Lines Pte. Ltd. has brought in imported goods for various consignees in India which were stored in the customs bonded Container Freight Station (CFS) of Respondent Nos. 3 -Mundra Container Freight Station Pvt. Ltd. and Respondent No. 4 Saurashtra Container Freight Station Pvt. Ltd. 4.....

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....tions. It was, therefore, the case of petitioners that the respondent authorities are having option of warehousing the cargo and returning the empty containers to the petitioner as per provisions of Section 49 of the Customs Act, 1962. 5. Learned Advocate Ms. Resmitha Ramchandran appearing with Learned Advocate Mr.Amish S.Shukla for Learned Advocate Mr.Nimit Shukla for the petitioner submitted th....

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...., 1962. It was therefore submitted that the respondent authority may be directed to remove the cargo from CGS out of the custom area and destuff the same and return the containers to the petitioner. 6. Considering the above submissions it appears that the petitioner is only an intermediary of procuring containers and giving the same on lease to the consignees and it is for the consignees to get t....