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TMI Blog2020 (11) TMI 984X X X X Extracts X X X X X X X X Extracts X X X X ..... by the second respondent in accordance with Article 14(1) of the Plant quarantine (Regulations of Import into India) Order, 2003 - This Court finds force in the submissions made by the learned counsel for the petitioner and neither the petitioner nor the respondents will be prejudiced if the request made by the learned counsel for the petitioner is granted by this Court. This Court directs the second respondent to consider the petitioner's application filed under Article 14 of the Plant quarantine (Regulations of Import into India) Order, 2003, seeking for one time relaxation for the production of phytosanitary certificate in respect of the imported 133.158 MTs of raw cashew nuts, under bill of entry filed with Tuticorin Customs and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the petitioner was fake. Aggrieved by the order dated 08.07.2020, the petitioner preferred the statutory appeal on 13.07.2020 before the first respondent. By order dated 29.10.2020, the first respondent dismissed the appeal filed by the petitioner, confirming the findings of the second respondent. Aggrieved by the same, this writ petition has been filed. 5.The learned counsel for the petitioner drew the attention of this Court to the impugned order dated 29.10.2020, passed by the first respondent and in particular, he referred to the following paragraphs. In rejoinder the appellant submits that the PSC.No.IK2020/6112 dated 15.06.2020 and PSC No.IK2020/5396 dated 24.06.2020 issued from Nigeria and the fumigation certificate 0009 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n submitted that the second respondent has got the power to relax the conditions of import permit and phytosanitary certificate in certain cases under Chapter 6 of the Plant quarantine (Regulations of Import into India) Order, 2003. Article 14 of the aforementioned Plant quarantine (Regulations of Import into India) Order, 2003, reads as follows: 14.Relaxation conditions of Import Permit and Phytosanitary Certificate in certain cases_ (1) The Central Government may, in public interest, relax any of the conditions of this Order relating to the import of any consignment. The Joint Secretary in-charge of Plant Protection in the Department of Agriculture Cooperation shall be the competent authority for according the relaxation. Fur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 08.09.2020 seeking for one time relaxation under Article 14 of the Plant quarantine (Regulations of Import into India) Order, 2003, is considered by the second respondent, within a time frame to be fixed by this Court. However, at the same time, he would submit that liberty may be granted to the petitioner, to challenge the impugned order dated 29.10.2020, passed by the first respondent, which is the subject matter of this writ petition, in case the application dated 08.09.2020, submitted by the petitioner, seeking for one time relaxation is rejected by the second respondent. This Court finds force in the submissions made by the learned counsel for the petitioner and neither the petitioner nor the respondents will be prejudiced if the re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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