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2025 (1) TMI 271

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..... elated charges from the Petitioners while releasing the empty containers to the Petitioner - HELD THAT:- It appears that the petitioner is only an intermediary of procuring containers and giving the same on lease to the consignees and it is for the consignees to get the material released and in absence thereof the Custom Authority may take appropriate action in accordance with law. The petitioner .....

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..... tioned in paragraph 6, to Petitioner within a time frame to be fixed by this Hon ble Court. B. Issue a writ in the nature of mandamus or any other appropriate writ or order against Respondents No. 1-4 not to charge any ground rent, storage, handling or related charges from the Petitioners while releasing the empty containers to the Petitioner. C. Any other appropriate writ, or order of direction, .....

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..... ntainer Freight Station Pvt. Ltd. 4. There are three different cases narrated in the memo of petition as subject matter of this petition, however, the same are not required to be narrated for the sake of brevity as the details mentioned in for the three lots refer to the chronology of the correspondences entered into by the petitioner for the goods imported and detained by the respondent - Customs .....

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..... kla for the petitioner submitted that the respondent authority may be directed to release the containers by destuffing the goods as the petitioner has hired the containers from container owners and has give the containers on lease to the consignees. It was submitted that petitioners are incurring losses because of the detention of the containers and, therefore, this petition is filed with the afor .....

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..... it is for the consignees to get the material released and in absence thereof the Custom Authority may take appropriate action in accordance with law. In our opinion, the petitioner is not at loss as the petitioner is entitled to recover the dues of higher charges and other charges which may be payable for using the containers by the consignees in accordance with law. We are, therefore, of the opi .....

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