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TMI Blog2020 (2) TMI 771X X X X Extracts X X X X X X X X Extracts X X X X ..... uperseding the earlier order dated 18.03.2019, has chosen to file the instant writ petition suppressing the dismissal of the earlier writ petition for the very same relief. Hence, now they cannot blame the respondents that they have not cleared the consignment or disobeyed the orders of this Court. Petition dismissed. - W.P.(MD)No.12213 of 2019 and W.M.P.(MD)No.9173 of 2019 - - - Dated:- 13-2-2020 - MRS. PUSHPA SATHYANARAYANA J. For Petitioner: Mr. P.Siddarthan For Respondents: Mr. B. Vijaya Karthikeyan Standing Counsel O R D E R The petitioner sought for a direction to the respondent to clear the consignment Yellow Peas/Green Peas under two bill of entries 1. 9754212, dated 22.01.2019/2. 9809031, dated 28.01.201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2019 in W.P.No.4403 of 2019, etc. batch (M/s.Royal Impex V. Commissioner of Customs), inter alia, directed the release of the consignment. 2.3. The petitioner further claimed that pursuant to the said order dated 27.02.2019, the goods covered under two Bills of Entries pertaining to the petitioner were cleared, whereas, four more Bills of Entires were kept pending. Thus, seeking clearance of the consignment covered under the remaining four Bill of Entries, the petitioner filed third set of writ petitions, of-course, before the Principal Seat, in W.P.Nos.11677 and 11681 of 2019, which were dismissed on 16.04.2019, placing reliance upon the order of this Court dated 04.04.2019 passed in W.P.Ns.15921 of 2018, etc. batch (M/s.Hira Trader ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 13.11.2018 in terms of orders of the Court in W.P.No.30890 of 2018, W.M.P.No.36043 of 2018, and further direct the respondents to issue a Detention Certificate for waiver of Demurrage and container Detention charges in terms of Regulation 6(1)(I) of Handling of Cargo in Customs Areas Regulations, 2009. 6. This Court, while disposing of the writ petition on 18.03.2019, besides directing the release of the consignment, issued the following directions : 5. The authorities are at liberty to initiate proceedings in respect of the transactions in question and if done, the petitioners shall appear, be heard and file their submissions pursuant to which orders shall be passed by the authorities in accordance with law. 6. The pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titions in the case of M/s.Hira Traders V. DGFT (W.P.No.15921 of 2018 etc. batch dated 04.04.2019). The benefit of interim stay on the basis of which this Court has entertained all the Writ Petitions seeking identical prayers now no longer exists. 8. Clandestinely, the petitioner without mentioning anything about the dismissal of W.P.Nos.11677 and 11681 of 2019 on 16.04.2019 filed this writ petition before the Madurai Bench of this Court during May 2019. 9. It is to be stated that if the petitioner is aggrieved over the action/inaction of the respondents, they could have very well filed appropriate petition before this Court. But the petitioner, having invited an dismissal order on 16.04.2019 superseding the earlier order dated 18 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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