2024 (7) TMI 1622 - HC - Customs

Seeking to direct the first respondent to issue No Objection Certificate for the release of the petitioner s Container - failure to notify the Bill of Lading to clear the imported Cargo - HELD THAT - This writ petition is disposed off at the time of admission after hearing the Learned Counsel for the petitioner and the Learned Senior Standing Counsel for the respondents and after dispensing with the counter by directing the first respondent to consider the petitioner s representation dated 12-4-2024 for removal of container without the Cargo from the custody of the second respondent.

Summary

In the case before the Madras High Court, the petitioner sought a Mandamus directing the first respondent to issue a 'No Objection Certificate' for the release of Container No. ASNT6001365 and to instruct the second respondent to allow the petitioner to take custody of the container. The petitioner owns the container used by the importer, Sai Import and Export, which failed to clear the imported cargo as required. The petitioner argued that the cargo should be considered 'unclaimed' under Section 48 of the Customs Act, 1962, allowing the petitioner to retrieve the container post-auction of the cargo. Despite representations, the latest dated 12-4-2024, the container remains unreleased due to an inter se dispute between the petitioner and the importer.The court, after hearing both parties, directed the first respondent to consider the petitioner's representation for removing the container without cargo from the second respondent's custody. The court emphasized the need for a hearing involving the petitioner, the importer, and the second respondent before any order is passed. The court expects this process to conclude within four weeks from the order's receipt. The writ petition was disposed of with these directions, and no costs were awarded.