TMI Blog2022 (7) TMI 584X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent No.4 were restricted to only 14 days from the date of filing of the Bills of Entries, the petitioner having requested the respondent Nos.1 and 2 to issue Detention Memos in terms of Regulation 6(1)(l) of the Handling of Cargo in Customs Area Regulation, 2009 as well as Regulation 10 of the Sea Cargo Manifest Regulation, 2018. The respondent No.2 vide letter dated 25.03.2022 have issued Detention Memo under Sea Cargo Manifest Regulations, 2018, wherein it has been directed that the Shipping Lines shall not charge Container Demmurge Charges for the period of Detention. The order passed by the Customs Authority dated 25th March, 2022 is binding upon the respondent Nos.3 to 6 and therefore, respondent Nos.3 to 6 are required to imple ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs : (A) Your Lordships may be pleased to issue a writ of certiorari or Mandamus or writ in the nature of Certiorari or Mandamus or or any other appropriate Writ, Order or Direction, directing the Respondents to clear the goods comprising of Dry Dates imported vide Bills of Entries Nos.7520217 Dated 16.02.2022 and 7555484 Dated 18.02.2022 and hand over the physical possession of the goods to the Petitioner; (B) Your Lordships may be pleased to issue a Writ of Certiorari or Writ in the nature of Certiorari or any other appropriate Writ, order or direction to the Respondent no.1 to initiate action against Respondent No.3 4 Int ms of Sea Car ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2. It is the case of the petitioner that during the course of business it imported two consignment of Dry Dates from UAE and filed the Bills of Entry Nos.7520217 dated 16.02.2022 and 7555484 dated 18.02.2022 at the port of Mundra SEZ, Mundra, Gujarat. The said goods were detained by the respondent No.2 without executing any detention memo, which are still lying uncleared as the same has been illegally detained by the respondents. 3.3. For the purpose of import of Dry Dates, the same were accompanied with the important Documents namely Invoice, Packing List and Bill of Lading issued by the Foreign Supplier wherein, the description, quantity and value of the goods are being mentioned. 3.4. It is the case of the petitioner that for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vide letter issued No Objection for the purpose of clearance of goods, since nothing amiss was found against the petitioner and thereafter, vide letter addressed to the Custodian i.e. Manager Saurashtra CFS, Mundra directed the said Custodian not to charge Ground Rent Charges for the period of detention. 3.9. Since the goods were subject to demurrage Container charges, the petitioner requested for issuance of waiver certificate in terms of Regulation 6(1)(l) of the Handling of Cargo in Customs Area Regulation, 2009 as well as Sea Cargo Manifest Regulation, 2018 vide letters dated 26.03.2022 and 01.04.2022. 3.10. It is the case of the petitioner that despite the fact that the goods were illegally detained by the respondent No.1, and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d vide Email dated 28.03.2022 has declined the request of the petitioner to grant waiver. 3.13. The petitioner, vide letter dated 04.04.2022 requested the respondent No.1 to direct the respondent Nos.3 and 4 to grant waiver of demurrage charges and in the alternative, initiate action against the respondent. 3.14. On 09.04.2022, despite the fact that full customs duty has already been paid by the petitioner, the goods imported by the petitioner were found to be imported in accordance with law and further, the Detention Memos and Email have issued for auctioning of the Cargo. 3.15. It is the case of the petitioner that neither the respondent No.4 has waived the Demmurage Charges nor the respondent No.1 has initiated any action agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ady summoned the the respondent Nos.3 and 4 for not following the SCMTR Regulations. 5.2. Learned advocate Mr.S.K.Mathur for respondent No.3 relied upon the affidavit-in-reply filed on behalf of the respondent No.3 and submitted that the waiver of detention/dammurage charges as per the order dated 25th March, 2022 passed by the Customs Authorities is contrary to the Regulations of the SCMTR. 6. However, on a query made by the Court to the effect that whether the order dated 25th March, 2022 is challenged by the respondent No.3, it was submitted by the learned counsel for the respondent No.3 that such order is not challenged before any Forum. 7. In view of the above facts, the order passed by the Customs Authority dated 25th March, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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