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2013 (3) TMI 286

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..... e certificate to establish the legal heirship - Held that:- As appellant submits that the petitioner is ready to satisfy any condition to be imposed by the respondent, if necessitated, thus the attempt made by the petitioner is quite transparent and is to have the vehicle released without the necessity to pay unnecessary demurrage charges to the Port, submits the learned counsel. The respondent .....

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..... Exts. P1 and P2 are the invoice and bill of lading respectively. According to the petitioner, it was a brand new car and it is a subject matter of 'free import' as per the relevant provisions of law. It is also stated that the vehicle has been subjected to detailed inspection, as borne by Ext.P4 proceedings of the Customs department. The son of the petitioner who imported the car quite unfortunate .....

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..... ed by the respondent, it may take months. The agony/grievance of the petitioner is with regard to the huge demurrage that the petitioner may be called upon to pay, if the vehicle is not released. It is in the said circumstances, that this writ petition has been filed for immediate interference by this Court. 3. The respondent has filed a statement pointing out the facts and figures and also as t .....

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..... the sides, this Court finds it fit and proper to direct the respondent to finalise the proceedings with regard to the fact whether any duty is payable in accordance with law. The vehicle shall be released to the petitioner on the strength of the proceedings already filed, including the death certificate of the deceased son who imported the vehicle; subject to satisfaction of the duty and such oth .....

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