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TMI Blog2018 (7) TMI 929X X X X Extracts X X X X X X X X Extracts X X X X ..... is untraceable, that this writ petition with the above prayer - All amendment applications ought to be disposed of expeditiously and without inconveniencing parties like the petitioner. More so, when they are ready and willing to indemnify the respondents against any claims being lodged or raised by the fourth respondent in this petition. Petition allowed. - Writ Petition No. 7157 of 2018 - - - Dated:- 9-7-2018 - S.C. DHARMADHIKARI SMT. BHARATI H. DANGRE, JJ. Mr. V. Sridharan, senior counsel with Mr. Prakash Shah and Ms. Lakshmi Menon i/b PDS Legal for the Petitioner. Mr. Pradeep S. Jetly for the Respondent-Union. ORAL JUDGMENT : [Per S.C. Dharmadhikari, J.] 1. We have heard both sides. 2. With their assistan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the notified party. 6. The goods belonged to another party whose details are set out in paragraph 8 of the petition and at their request, the name of respondent No.4 was notified. On the arrival of the goods / consignment on 18th March, 2018, the fourth respondent refused to take delivery of the cargo. All efforts were made to contact the fourth respondent, but there has been no response. Even the principals did not take the requisite steps, namely, to remit the price and that is why the consignor exercised the right as an unpaid seller and resold the imported lentils to the petitioner under the contract dated 29th March, 2018, copies of which are Exhibit B-1 and B-2. There is a commercial invoice also issued. There were fresh bills o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen there is major amendment involving fraudulent intention or substantial revenue implication that the strict insistence on sub-section (3) of section 30. Else, all amendment applications ought to be disposed of expeditiously and without inconveniencing parties like the petitioner. More so, when they are ready and willing to indemnify the respondents against any claims being lodged or raised by the fourth respondent in this petition. It is precisely that course which we have been consistently following and the order passed in Writ Petition No.4687 of 2016 dated 25th April, 2016 and 22nd November, 2016 in Writ Petition No. 12846 of 2016 can safely be followed. We, therefore, direct as under : The petitioner will indemnify the Customs ag ..... X X X X Extracts X X X X X X X X Extracts X X X X
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