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TMI Blog2021 (3) TMI 740X X X X Extracts X X X X X X X X Extracts X X X X ..... uant to a direction of this Court dated 09.10.2020. It is not clear on what basis the 1st respondent has issued the said Show Cause Notice to the 2nd respondent - Petition closed. - W.P. No. 14977 of 2016 - - - Dated:- 2-3-2021 - THE HONOURABLE MR.JUSTICE C.SARAVANAN For Petitioner: Mr.G.Derrick Sam For Respondent: Mr.A.P.Srinivas Standing Counsel And Mr.Bijai Sundar ORDER The petitioner has filed the present writ petition for a mandamus to direct the 1st respondent to take appropriate action against the 2 nd respondent for suspension or revocation of the approval given to the 2 nd respondent as a customs cargo service provider in terms of Regulation 11 of the Handling of Cargo in Customs Areas Regulations, 2009 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of the Commissioner of Customs (Appeals), the Assistant Commissioner of Customs issued letter to the petitioner dated 23.01.2015 bearing Ref.No.F.Misc.67/2013-GR.6 for waiver of detention/demurage charges for the period upto 28.01.2015. 6. Against the said communication, the petitioner preferred an appeal once again before the Commissioner of Customs (Appeals). The Commissioner of Customs (Appeals) vide Order-in-Appeal No.168 of 2015 dated 19.02.2015 had set aside the communication of the Assistant Commissioner of Customs dated 23.01.2015. 7. The petitioner therefore filed writ petition in W.P.No.25723 of 2015 dated 07.09.2015 for a mandamus to direct the 1st respondent to ensure compliance by the 2nd respondent of the directio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matter of right and demanded by the petitioner, especially when the 1st respondent has passed orders confirming violation of the provisions of the Act. (e) Appeal against non-waiver that too without the custodian being made a party would not lie before the 1 st respondent. (f) Judicial decisions with respect to the demand of storage and demurrage charges by the custodian of the cargo is well settled. DECISIONS ON THE ISSUE:- On the basis of the recommendation made by the 1 st respondent dated 6.8.2015 and the complaint made by the petitioner dated 11.8.2015, and the direction passed by the Honorable High Court of judicature by its order dated 7.9.2015, it is hereby ordered that there is no factual or legal justification in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ken against them under Regulation 11(1) read with Regulations 6(1)(I) of the Handling of Cargo in Customs Areas Rules, 2009. The learned counsel for the 1st respondent reiterates the same. 11. The learned counsel for the 2nd respondent on the other hand submits that the petitioner invited an order of this Court in W.P.No.25723 of 2015 dated 07.09.2015 and in pursuance of the said order, the 2nd respondent has issued letter/order to the petitioner on 25.11.2015 and therefore it was improper on the part of the petitioner to approach with this Writ Petition once again to force the 1st respondent to take action against the 2nd respondent. 12. It is submitted that it was open for the petitioner to have challenged the order passed by this C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aised in the Writ Petition, the First Respondent shall file a report of the action taken on the representation dated 11.08.2015 made by the Petitioner against the Second Respondent. Post the matter under the caption 'Customs and Central Excise Cases' after four weeks. 16. Since the relief as prayed for has worked out, I am inclined to close this Writ Petition in the light of the above development. At the same time, I leave it open for the 2nd respondent to challenge the said Show Cause Notice dated 28.10.2010 bearing F.No.S.Misc.08/2020- Enquiry, in the manner known to law or to participate in the said show cause proceeding before the 1st respondent by making all submissions on merits that are available in law. 17. This Wr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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