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2020 (9) TMI 811

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..... payment in accordance with the paragraphs 4 (a) and (b) of the affidavit dated 14th September, 2020. List on 28th September, 2020. - W.P. (C) 5837/2020 & CM APPL. 21103/2020 - - - Dated:- 18-9-2020 - HON'BLE MR. JUSTICE MANMOHAN AND HON'BLE MR. JUSTICE SANJEEV NARULA Petitioner Through: Mr. Dayan Krishnan, Senior Advocate with Mr. Ayush A. Mehrotra, Mr. Rajiv S. Bhatnagar, Ms. Meherunnisa Anand, Mr. Upkar Agrawal, Mr. Sukrit Seth, Advocates. Respondents Through: Mr. Amit Bansal, Senior Standing Counsel with Mr. Aman Rewaria and Ms. Vipasha Mishra, Advocates for respondent No. 1. Mr. Rishi K. Awasthi, Advocate with Mr. Keshav Mohan, Ms. Ritu Manchanda, Mr. Piyush Vatsa and Mr. Prashant Kumar, Advocates for responden .....

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..... only on 9 containers. He also states that respondent no.1 vide its letter dated 6th July, 2020 had categorically communicated to respondent no.2 to postpone the auction of the subject consignment of goods for at least 60 days after recording that the importer intends to clear the same as the petitioner had paid duty with respect to nine containers therein. However, he points out that on Forty Third day of such communication, the respondent no.1 has purportedly withdrawn such letter and expedited the auction, without any notice to the petitioner. Mr. Dayan Krishnan assures this Court that the ground rent/demurrage shall be paid to respondent no.2 after the said amount is determined and benefit is given of the letter dated 2 .....

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..... ember, 2020 we undertake to pay the amounts due to the Respondent No. 2 as per following schedule: a) INR 50,94,060 being 25% of INR 2,03,76,240 the amount determined in the Annexure R- 3 of the Counter Affidavit filed by the Respondent No. 2 will be paid within this week, i.e., on or before 19 September 2020. b) INR 50,94,060 being 25% of the amount determined in the Annexure R-3 of the Counter Affidavit filed by the Respondent No. 2 will be paid during the next week, i.e., between 21 26 September 2020 at the time when Respondent 2 shall issue the Examination Job Order ( EJO ); and c) The balance amount, if any, shall be paid within 2 (two) weeks of the communication of the final dues determined by Respondent No. 2 after .....

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