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2015 (10) TMI 1910

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..... d of the JNPT, but in terms of the Regulations; thus same be processed without being influenced by the communication in any manner within 6 weeks – Decided in favour of Petitioner. - Writ Petition No. 1492 of 2015 - - - Dated:- 12-10-2015 - S C Dharmadhikari And B P Colabawalla, JJ For the Petitioner : Mr. Darius Shroff Senior Advocate with Mr. Karan Shroff and Mr. Pinkesh Shah i/b. M/s. M .....

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..... ber, 2014. In that application, copy of which is at page 109 of the paper book, the Petitioners pointed out that they are making a complete application for handling the hazardous cargoes as per the requirement of the Customs Department. The application was first submitted on 10th October, 2014, but the Commissioner of Customs (CFS) Management Cell, Jawaharlal Nehru Customs House, Sheva, Navi Mumba .....

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..... nd the definitions therein particularly of the words Customs Cargo Service Provider in Regulation 2(b). He has invited our attention to the conditions to be fulfilled by the Customs Cargo Service Provider. He has also invited our attention to the details of the application and equally the stand of Respondent Nos. 1 and 2 as reflected in their affidavit in reply. The arguments center around the s .....

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..... e relied in their affidavit in rejoinder, namely, Circular No. 13/2009 Customs dated 23rd March, 2009 and the further letter of June, 2011, which has been addressed to the Deputy Chairman, JNPT from the office of the Chief Commissioner of Customs, Mumbai, Zone - II. 7) Mr. Jetly fairly stated that in the light of these Regulations, the Petitioners' application can be processed further and w .....

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..... gulations and in accordance with law. Let that application be processed and accordingly the decision communicated to the Petitioners as expeditiously as possible and within a period of six weeks from the date of receipt of a copy of this order. We clarify that we have not expressed any opinion on the rival contentions. 10) With the aforesaid directions, the Petition is disposed of. - - TaxT .....

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