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TMI Blog2019 (7) TMI 1192X X X X Extracts X X X X X X X X Extracts X X X X ..... he instant writ petition is ordered directing the respondents, more particularly, the second respondent to release the writ petitioner's consignment of 'Toor Whole (Pigeon Peas)' imported by the petitioners, subject to writ petitioner paying 10% of the invoice value towards duty and furnishing bank guarantee for another 10% within a fortnight from the date of receipt of a copy of this order. Petition disposed off. - W.P.No.19580 of 2019 And WMP No.19096 of 2019 - - - Dated:- 17-7-2019 - Mr. Justice M. Sundar For the Petitioner : Dr.S.Krishnanandh For the Respondents : Mr.Rajkumar Jhabakh Standing Counsel for Customs. ORDER Dr.S.Krishnanandh, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. As far as the import by the writ petitioner is concerned, a consignment of said goods was imported pursuant to a contract dated 02.08.2018, bearing Contract No.2562/PSPIL/786/18-19, vide Bill of Lading No.MEDUTZ001750, dated 20.02.2019 and the Bill of Entry Number is 2922960 dated 20.04.2019. This consignment of said goods imported by writ petitioner under this Contract, Bill of Lading and Bill of Entry shall hereinafter be referred to as 'said consignment' for the sake of convenience and clarity. 7. There is no disputation that there is a notification being notification No.19/2015-2020 issued by the Director General of Foreign Trade with regard to importability of said goods. This notification has been issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted that the respondents therein i.e., Customs Department did not prefer any intra Court appeals, but the Director General of Foreign Trade had sought third party leave to file an Intra-Court appeal, but the undisputed position as of today before this Court is that the aforementioned order dated 27.02.2019 made by another Hon'ble single Judge in W.P.No.4403 of 2019 etc., has neither been reversed nor stayed. Therefore, the said order is operating and governing the field. There is also no disputation or disagreement that several other importers like the writ petitioner or in other words, similarly placed importers have had the benefit of release and issue of detention certificate with regard to demurrage and container detention charges, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, without any disputation, the reckoning date in such issues qua release of issue of detention certificates. 14. If the importers, who are similarly placed qua writ petitioner, have got the benefit, this Court is of the considered view that writ petitioner herein is also entitled to the same benefit as no exceptional circumstances have been pointed out to say that this writ petitioner stands on a different putting and is not entitled to a similar relief. 15. Therefore, this narrative leads this Court to the indisputable and inevitable sequitur that writ petitioner herein will be entitled to release of the said consignment in accordance with the conditions imposed by another Hon'ble Single Judge vide fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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