9911796707
TMI Blog2018 (11) TMI 426X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondents. ORDER : 1. This Petition under Article 226 of the Constitution of India seeks implementation of the order dated 22nd November 2016 passed by the Commissioner of Customs (Appeals) under Section 128A of the Customs Act, 1962 ("the Act"). 2. The above order dated 22nd November 2016 set aside the order dated 22nd August 2016 of the Additional Commissioner of Customs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n which the goods are stored had auctioned the goods on 25th October 2016 for non removal of the warehoused goods, after notice to the Petitioner. This was much before the order dated 22nd November 2016 in Appeal was passed. Shri. Kantharia also submits that M/s. All Cargo Logistic Limited are not made parties to the proceedings and the entire issue gives rise to disputed question of fact. Thus, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a period in excess of 30 days. Thus, the container freight station, All Cargo Logistic Limited had by letters dated 19th April 2016 and 5th May 2016 informed the Petitioner that in the absence of the imported goods being cleared and/or warehoused, it would dispose of the imported goods by auction. On record, there is no response by the Petitioner to the Container Freight Station All Cargo Logistic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2016 in view of the Appeal filed by the Petitioner (without accepting the same) yet it would be the obligation of the importer to protect the goods from auction till disposal of the Appeal. This fact of pending Appeal resulting in automatic stay was also not brought to the notice of All Cargo Logistic Limited prior to the auction. Further, Section 126 of the Act will not apply in the present facts ..... X X X X Extracts X X X X X X X X Extracts X X X X
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