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TMI Blog2016 (12) TMI 1312X X X X Extracts X X X X X X X X Extracts X X X X ..... the authorities indemnifying them of the claims and protests raised by the private parties regarding the goods in question - petition allowed - decided partly in favor of petitioner. - Writ Petition No. 2843 of 2016 - - - Dated:- 20-12-2016 - S. C. Dharmadhikari And B. P. Colabawalla, JJ. Mr. Ashwin Shete a/w Mr. Nikhil Wable Ms. Rubina Dodhia i/b. M/s. Jayakar and Partners for the Petitioner Mr. Swapnil Bangur a/w Mr. Sham Walve Mr. Vikram Nankani, Senior Advocate a/w Mr. Vishal Sheth Ms. Oendri Nevgi i/b. M/s. Krishnamurthy Company for Respondent ORDER P. C. 1. The petitioner has approached this court seeking a writ of madamus or any other appropriate writ, order or direction directing respondent nos. 2 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner had to sell the goods to respondent no.5, and therefore, they be allowed to amend the IGM to enable respondent no.5 to take the cargo from the port. 3. The petitioner followed up this request through its agent and issued a Bill of Lading with respondent no.5 as notified party in lieu of the original Bill of Lading returned to them. The petitioner endorsed a fresh Bill of Lading to respondent no.5., however, till date, the processing has not been done. That is because of the stand of the 4th respondent, which claims that they have already paid full purchase value and the substitution or amendment should not be allowed without their consent and in writing. 4. We inquired Mr. Bangur, learned counsel appearing on behalf of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... est is withheld or kept in abeyance, Mr. Bangur could not point out any reason save and except the stand taken by the Commissioner of Customs that there is an objection raised by the 4th respondent. 8. After perusal of the Writ Petition and all annexures thereto, we are of the opinion that it is entirely for the authorities to act in terms of the powers conferred by the Act of 1962. The authorities cannot refuse to act merely because there is an allegation of a wrongful act or there is a protest raised. There is nothing in the Act of 1962 which would enable the authorities to adjudicate any civil dispute and as if it is a Court of law. It is best left to a competent civil Court. The Customs officers should not be entering that arena. Mor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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