Claim of foreign exporter to India as owner of goods seeking to ...

Court Rules Exporter Retains Ownership of Uncleared Goods; Can Seek Re-export Permission from Commissioner.

January 27, 2022

Case Laws     Customs     HC

Claim of foreign exporter to India as owner of goods seeking to re-export - seizure of cargo currently lying in a warehouse at Gandhidham - Mere filing of the ex-bond bill of entry, by itself, would not vest the title of the goods into the importer if ultimately such goods are not cleared by the importer, or in other words, if such goods are abandoned. In such circumstances also, the title over the imported goods would remain with the exporter and the exporter may, in peculiar facts and circumstances of the case like the one on hand, request the Commissioner to permit him to reexport the goods as an unpaid seller - Undoubtedly, the writ-applicant herein is the unpaid seller and he has been suffering for no fault on his part. - This writ-application permitted to file an application addressed to the Commissioner seeking re-export of the goods. - HC

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