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TMI Blog2021 (7) TMI 1371X X X X Extracts X X X X X X X X Extracts X X X X ..... a relief requires adjudication in view of the fact that there are statutory requirements and compliance of the terms and conditions with the Customs Cargo Service Provider and other aspects of the matter. Without adjudicating all those factors, the High Court cannot issue a writ granting the relief in the writ petition filed. When disputed facts are raised between the parties, the same cannot be entertained and the High Court cannot conduct a roving enquiry with reference to the dispute, which is to be resolved with reference to the documents and evidence produced before the competent authorities - Petition disposed off. - W.P. Nos. 33098 & 33104 of 2018 and W.M.P. Nos. 38383 & 38392 of 2018 - - - Dated:- 2-7-2021 - S.M. Subramaniam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earing on behalf of the 2nd respondent/Customs Cargo Service Provider made a submission that the writ petition itself is not maintainable. Various procedures are contemplated for the purpose of release of containers imported and therefore, the petitioner has to produce all relevant documents and comply with the conditions stipulated for the release of the containers as sought for in the present writ petition. It is contended that, on various reasons, the containers are lying under the control of the 2nd respondent. If at all any dispute prevails with the Customs Department, the same is also to be sorted out and all necessary actions are to be taken in this regard. This apart, such disputes are of civil nature and the 2nd respondent/Customs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . With these observations, the writ petition in W.P. No. 33098 of 2018 stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. W.P. No. 33104 of 2018 : 8. This writ petition is filed by the very same petitioner, namely, Hyundai Merchant Marine India Private Limited, and the relief sought for is to declare the conduct of the respondent detaining the petitioner s containers, as illegal. 9. In view of the observations made in W.P. No. 33098 of 2018, no further consideration is required to the grounds raised. The petitioner has to comply with the statutory requirements, including the payment of charges to be paid as per the terms and conditions of the contract or under the Statute. However, for grant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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