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TMI Blog2021 (10) TMI 436X X X X Extracts X X X X X X X X Extracts X X X X ..... ral Manifest be considered in accordance with law expeditiously and in any event with a period of 6 weeks from October 20, 2021 after hearing all parties. The petitioners to appear before the Competent Authority on October 20, 2021 at 11.00 a.m. - List this writ petition on December 3, 2021. - WRIT PETITION NO. 1394 OF 2021 - - - Dated:- 8-10-2021 - DIPANKAR DATTA, CJ M.S. KARNIK, J. Mr. Prithviraj Choudhari i/b Mr.P.K. Shetty, for the Petitioners. Mr. Jitendra Mishra a/w Mr. Satyaprakash Sharma, for the Respondents No. 1 to 5. P.C. : 1. The petitioners by this petition seek a mandamus directing respondents no.3 and 5 to permit the amendment to IGM No. 2153793 dated December 16, 2016 and to allow the name of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r dated November 18, 2019 intimated M/s. Venture Impex regarding the said application and requested for proof of ownership from them. M/s. Venture Impex merely submitted the copies of the earlier bill of lading and invoices issued by respondent no. 6. 3. It is the contention of the learned counsel for the petitioners that the respondent no. 5 failed to process the application for change in the name of consignee in the said IGM in terms with section 30(3) read with section 149 of the Customs Act, 1962. Accordingly, petitioners, vide letter dated December 2, 2020 once again requested the respondent no. 5 to permit the amendment in the IGM. The grievance of the petitioners is that instead of exercising the discretion permitting amendment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the prayer of the petitioner on its own merits well within the scope of sub- Section 3 of Section 30 of the Customs Act, by a reasoned order hearing all parties following principles of natural justice. The proper officer has failed to exercise the statutory discretion on well recognized judicial parameters. 6. In paragraph 8 of the decision in the case of Agrocorp International PTE. Ltd. (supra), this Court has held thus : 8. After perusal of the writ petition and all annexures thereto, we are of the opinion that it is entirely for the authorities to act in terms of the powers conferred by the Act of 1962. The authorities cannot refuse to act merely because there is an allegation of a wrongful act or there is a protest raise ..... X X X X Extracts X X X X X X X X Extracts X X X X
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