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TMI Blog2024 (7) TMI 1470X X X X Extracts X X X X X X X X Extracts X X X X ..... eply at page no.127 of the Writ Petition No. 2914 of 2021 wherein it is averred that the Impugned Public Notices dated 28th January 2020 and 17th January 2020 do not interfere with private contracts that the shipping lines have with the importers and exporters. Therefore, the Impugned Public Notices No. 14 of 2020 and 11 of 2020 dated 28th January 2020 and 17th January 2020, respectively, are subject to the private contracts which shipping lines have with importers/exporters. Petition disposed off. - K.R. SHRIRAM JITENDRA JAIN, JJ. For the Petitioner : Mr. Prathamesh Kamat a/w Mr. Malhar Zatakia, Mr. Shiv Iyer, Ms. Ankita Sen and Ms. Aditi Maheshwari i/by Renata Partners. For the Respondent : Mr. Jitendra Mishra a/w Mr. Rupesh Dubey nos. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons) and 28th February 2020 (two communications), by which the said respondent has noted that the impugned public notices dated 28th January 2020 and 17th January 2020 are mandatory and are not concerned with contracts. 7. In the affidavit in reply filed by the Customs Department for itself and on behalf of Union of India, Ministry of Finance, it is averred as under : 24. I say that as discussed above, the Public Notice does not interfere in the private contract between the shipping lines and the exporters and in no way violates Article 14 and Article 19 (1) (g) of the Constitution of India. 8. In view of above, (a) petitioners are agreeable to the Impugned Public Notices No. 14 of 2020 dated 28th January 2020 (in Writ Petition No. 2914 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of India Ors. and other petitions Writ Petition No.5058 of 2020 dated 26th February 2024 and Hon ble Kerala High Court in The Container Shipping Lines Association (India) Ors. Vs. Union of India Ors. Writ Petition (C) No.7435 of 2020 (D) dated 11th March 2020 relied upon by respondents, also assert that similar Impugned Public Notices do not curtail/take away the rights under the private contracts between the shipping lines and importer/exporter. We have to note the submission of Mr. Kamat that the aforesaid judgments do not lay down the correct position of law insofar as the powers of Customs Authority to issue the Impugned Public Notices No. 14 of 2020 dated 28th January 2020 and 11 of 2020 dated 17th January 2020 are concerned. However ..... X X X X Extracts X X X X X X X X Extracts X X X X
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