9911796707
TMI Blog2024 (9) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... that ' We direct the concerned Authority empowered to consider the application made by the petitioner for amendment in IGM to decide the application made by the petitioner for amendment or substitution to the IGM subject to condition of the petitioner executing indemnity bond in favour of the Authorities indemnifying them of the claims and protests raised by the private parties regarding subject goods'. Petition disposed off. - K.R. SHRIRAM AND JITENDRA JAIN, J.J. For the Petitioner : Mr. Kamlesh R. Tiwari a/w. Mr. Shivam P. Mishra. For the Respondents : Mr. Karan Adik a/w. Ms. Sangeeta Yadav. P.C. 1. By consent of the Counsels, we took up this matter for final hearing, though there is no Affidavit-in-reply filed. Rule. Rule made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt Nos. 2/3 is insisting on No Objection Certificate (NOC) from Respondent No. 5, who is originally shown as consignee in the IGM. Mr. Tiwari states that Respondent No. 5 is no more concerned with the goods and when the shipping line itself has issued a Bill of Lading endorsed in favour of Petitioner, the question of Respondent Nos. 2/3 insisting on NOC from Respondent No. 5 does not arise. To the petition is annexed (Exhibit-I) copies of the NOC from the shipping line addressed to the Assistant Commissioner of Customs giving no objection to amend the IGM. Mr. Tiwari states that the Bill of Lading, copy whereof is annexed at Exhibit-D to the petition showing Respondent No. 5 as the notified party and showing the date of issuance of Bill of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e shipping line may issue a certificate to this extent addressed to the Customs. 6. In view thereof, in our opinion, explanation letter from first consignee with IEC copy is also not required. 7. A similar matter had come up before a Coordinate Bench of this Court being Writ Petition No. 8878 of 2017 in ETG Agri India Pvt. Ltd. Vs. Union of India Ors., which was disposed by an order dated 9th October 2017. Paragraph Nos. 2 to 5 thereof read as under:- 2. The subject goods were sold by the respondent No. 5 to the respondent No. 4. It appears that the respondent No. 4 failed to make payment for the goods. The petitioner in this petition is alternate buyer. An application was made by the petitioner to seek amendment of the Import General Manif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... into this arena as these issues can be resolved only by a Civil Court. Therefore, a direction was issued to the Authority to consider the application for amendment subject to certain conditions. 4. In our view, the present petition also deserves to be disposed of in terms of the Judgment and Order dated 20th December 2016. 5. Accordingly, we pass the following order: (I) We direct the concerned Authority empowered to consider the application made by the petitioner for amendment in IGM to decide the application made by the petitioner for amendment or substitution to the IGM subject to condition of the petitioner executing indemnity bond in favour of the Authorities indemnifying them of the claims and protests raised by the private parties r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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