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TMI Blog2023 (1) TMI 1001X X X X Extracts X X X X X X X X Extracts X X X X ..... ABLE MS. JUSTICE SONIA GOKANI AND HONOURABLE MR. JUSTICE SANDEEP N. BHATT MR D K TRIVEDI FOR THE PETITIONER MR AADITYA KARNAVAT, MR RAVI KARNAVAT AND PRIYANK P LODHA FOR THE RESPONDENT ORDER PER : HONOURABLE MS. JUSTICE SONIA GOKANI 1. Petitioner is an unpaid seller which had shipped Aluminium Scrap through shipping line M/s. Sunstar Shipping Services, Gandhidham to India. The said goods were sold to M/s. Ghanshyam Metal Udyog. According to the petitioner, it is an importer and after the goods reached Indian Port, the Indian importer had relinquished the cargo. He had not even bothered to file Bill of Entry and get the goods cleared. The petitioner is an unpaid seller having the title of the goods. Accord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt Nos. 02 03 above named; F. Your Lordships may be pleased to issue a writ of mandamus, or a writ of certiorari or any other appropriate writ quashing and setting aside Auction Notice dated 20.10.2021 (Annexure P ) issued by respondent No.4 above named; G. Your Lordships may be pleased to pass an ex-parte ad-interim order staying the operations of Auction Notice dated 20.10.2021 (Annexure P ) issued by Respondent No.4 above named pending issuance of notice, admission and final hearing of this petition. H. Your Lordships may be pleased to pass any order in favour of the petitioner that may be deemed fit in the interest of justice, having regard to the facts and circumstances of the present case. 3. The petitioner is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of this Court passed in Special Civil Application No. 20727 of 2018 and another decision rendered in case of UNISILK Ltd. Vs. Commissioner of Customs reported in 2012 (284) E.L.T 646 (Guj.). 5. Learned Sr.Standing Counsel Mr. Priyank Lodha appearing for the customs department has raised objection with regard to maintainability of this petition for the Petitioner being an unpaid seller of foreign origin. 6. Mr. Ravi Karnavat, representing for the respondent No. 4 has urged that he has got the right auctions, since no bill of entry has produced, nor anyone is claiming the material which is lying for more than 30 days beyond the prescribed time limit for clearance. 7. On hearing of both the sides at preliminary stage, consid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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