9911796707
TMI Blog2017 (7) TMI 833X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER Heard Mr.B.Satish Sundar, learned counsel for the petitioner and Mr.T.R.Senthil Kumar, learned Standing Counsel for the respondents. With the consent of the learned counsel on either side, the writ petition itself is taken up for final disposal. 2. The petitioner seeks for an issuance of a writ of mandamus, directing the respondents to grant a detention certificate in terms of Regulation 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 49 of the Customs Act, 1962. Further, the petitioner was informed that if they do not avail the facility, they would be responsible for payment of demurrage/detention charges that may be incurred. The petitioner, in compliance of the direction issued by the respondent Department vide letter dated 2.11.2016, availed the facility offered under Section 49 of the Act. 4. Subsequently, by a com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Para 11 of the IPR Rules and as per the conditions of the Bond executed by them with the respondent Department, the cost of demurrage and detention charges shall be borne by the Right Holder. Since the petitioner has not been issued with any Detention Certificate, they have filed this writ petition. 5. The admitted fact is that the suspension of imported goods was on account of an application bei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficate that the goods were detained by the department on account of the claim being registered under the IPR Rules. Therefore, the stand taken by the second respondent in the counter affidavit that the question of issuing Detention Certificate does not arise is untenable. 7. For the above reasons, there will be a direction to the second respondent to issue necessary Detention Certificate stating ..... X X X X Extracts X X X X X X X X Extracts X X X X
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