2019 (8) TMI 1389 - HC - Customs

Discharge of contaminated Naphtha oil/ Slop oil/Sludge oil - arrest order - HELD THAT - We direct the respondents No.1, 2 and 3 to consider the applications of the petitioner as well as the respondents and dispose of the same within 10 days from today.

Summary

Issues: Challenge to rejection of request for discharge of contaminated Naphtha oil/ Slop oil/Sludge oil.

In this case, the petitioner challenged the communications dated 23/07/2019 and 02/08/2019, where the respondents No.1,2 and 3 rejected the request of respondent No.4 for discharge of contaminated Naphtha oil/ Slop oil/Sludge oil. The petitioner highlighted subsequent developments, including a court order clarifying the arrest order will not hinder cargo discharge and submission of a revised Bill of Lading. The court directed the respondents to consider these developments and make a fresh decision within 10 days. The court emphasized expeditious disposal of the applications, independent of previous communications, and allowed both parties to present their contentions before the respondents. The court did not adjudicate on the rival contentions, leaving them for the decision of the respondents. The rule was disposed of with no order as to costs, instructing all concerned to act on the authenticated copy of the order.