9911796707
TMI Blog2024 (4) TMI 251X X X X Extracts X X X X X X X X Extracts X X X X ..... It is submitted that except for this contract, the petitioner has never dealt with respondent No. 6. Respondent No. 6 who is represented by Mr. Gohil, learned counsel states that respondent No. 6 has no objection whatsoever for the goods being cleared by the petitioner. Thus, in our opinion, considering the request which is made by the petitioner by its letter dated 15 December, 2023 addressed to the Deputy Commissioner of Customs (Imports), JNCH, Nhava Sheva (supra), it is appropriate that the application of the petitioner for clearance of the goods either by permitting amendment of bill of entry or by filing of a fresh bill of entry as the law may permit, needs to be decided by the concerned designated officer. We accordingly permit the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 023 issued by the Respondent No. 3, by which the 43 containers containing the goods belonging to the Petitioner have been put on hold" ("Exhibit-E"); (c) that this Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction directing the Respondent Nos. 3 and 5 to release the 43 containers containing the goods belonging to the Petitioner, in favour of the Petitioner; (d) that this Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction directing the Respondent No. 5 to amend the Bill of Entry filed by the Respondent No. 6, in the name of the Petitioner or to allow the Petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Bill of Entry No. 8845987 dated 20 November, 2023, is to the effect that the petitioner is the original importer of the goods purchased from the foreign exporter Apeloa Hongkong Limited. It is contended that after such sale from the foreign exporter, there was a High Seas Sale Agreement dated 13 November, 2023, between the petitioner and respondent No. 6. However, as there was default on the part of respondent No. 6 in making payments, the High Seas Sale agreement was required to be cancelled. 4. It is contended that respondent No. 6 earlier had presented the bill of entry in question and had sought to clear the goods, however, due to cancellation of the High Seas Sale agreement between the petitioner and respondent No. 6, respondent No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... JNCH, Nhava Sheva Sub.: Request for Cancellation / Amendment in BOE No. 8845987 Dated 20.11.2023 & allow us to file the fresh Bill of Entry in the name of Actual Importer M/s. Madhav Vivitex Pvt. Ltd. Dear Sir, We have sold the goods on High Seas Sale Basis to M/s. Navajo Polymers Pvt Ltd. & they have filled the subject Bill of Entry No. 8845987 Dated 20.11.2023. However, M/s. Navajo Polymers Pvt Ltd has not made the payment as per agreed terms, & they informed us that they are unable to make the payment and have requested to cancel the High Seas Sale Agreement and take the goods back. As per inability of making payment and request by M/s Navajo Polymers Pvt Ltd, we have executed the High Seas Sale Cancellation Agreement d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons which primarily appear to be the contentions against respondent No. 6, who is being investigated in respect of issues set out in the reply affidavit. 12. In the aforesaid circumstances, in our opinion, considering the request which is made by the petitioner by its letter dated 15 December, 2023 addressed to the Deputy Commissioner of Customs (Imports), JNCH, Nhava Sheva (supra), it is appropriate that the application of the petitioner for clearance of the goods either by permitting amendment of bill of entry or by filing of a fresh bill of entry as the law may permit, needs to be decided by the concerned designated officer. 13. We accordingly permit the petitioner to place on record of the designated Customs Officer, a proper applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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