High Court of DelhiW.P.(C)/139/2018

Tecnique Systems v. The Principal Commissioner Of Customs (Import) Icd,Tughlakabad,New Delhi & ORS.

2018-07-11Hon'Ble Mr. Justice S. Ravindra Bhat,Hon'Ble Mr. Justice A. K. Chawla2 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 139/2018 TECNIQUE SYSTEMS ..... Petitioner Through:

Mr. Priyadarshini Manish, Advocate versus THE PRINCIPAL COMMISSIONER OF CUSTOMS (IMPORT) ICD,TUGHLAKABAD,NEW DELHI & ORS.

..... Respondents Through:

Mr. Deepak Anand, Senior Standing Counsel for respondent No. 1, 3, 5 and 6.

Mr. Aditya Singla, Senior Standing Counsel for DRI, Advocate for respondent No. 2 and 4

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 11.07.2018 The Petitioner seeks directions to the respondent to amend the Import General Manifest (hereafter "IGM") in respect of certain bill of lading dated 03.05.2017.

The facts in brief are that the petitioner sought direction to the respondent-Customs for permitting it to file Bill of lading; amendment of IGM under Section 30 to enable it to utilise the goods for his own consumption. The original consignee of these goods did not lift them. It is submitted that despite repeated requests the respondents have not yet passed any order. This Court, on the

previous date of hearing, directed the respondent to pass an order in the light of the statement made. Till date, the order has not been made. The Petitioner‟s right to claim the amendment of IGM would be based on the facts pleaded; those have to be considered by the Customs Authorities which may also determine whether the petitioner would be entitled to such relief and the appropriate rate of duty. Having regard to all these circumstances, this Court is of the opinion that the relief claimed can only be confined to direct the respondent-Custom Authorities to pass a fresh order, within a period of four weeks in accordance with law and in light of any new or fresh materials that the petitioner may produce in supersession of earlier order rejecting the request made on 19.01.2018. It is ordered accordingly. The writ petition is disposed of accordingly. S. RAVINDRA BHAT, J A. K. CHAWLA, J JULY 11, 2018 pkb