M/S.Gokul Impex v. M/S.Commissioner Of Customs ( Export)
W.M.P.No.17576 of 2023 in W.P.No.16339 of 2023 C.SARAVANAN,J.
This Miscellaneous Petition has been filed to amend the prayer in the Writ Petition as:
"It is therefore prayed that this Hon'ble Court may be please to pass an order of Writ of Mandamus, to the respondents herein to cause provisional release of export goods without security in terms of Section 110A of the Customs Act, 1962 covered under the shipping bills Nos.6294148, 6294487, 6295882 & 6296052 all dated 20.12.2022 and also issue a detention cum demurrage waiver certificate with respect to the seized goods in terms of the provisions of the Handling of Cargo in Customs House Area Regulation, 2009, subject to such terms and conditions as may be specified by this Hon'ble Court and thus render justice."
instead of:
"It is prayed that this Hon'ble Court may be pleased to issue an order in the nature of a Writ, more particularly Writ of Mandamus, to the respondents, more particularly, the 1st respondent to cause provisionallly release of the imported goods in terms of Section 110A of the Customs Act, 1962 covered under shipping bill no.6294148, 6294487, 6295880 & 6296052 all dated 20.12.2022 subject to such terms and conditions as may be specified by this Hon'ble Court and thus render justice ." 2.Heard the learned counsel appearing for the petitioner and the
learned counsel appearing for the respondents and perused the materials available on record.
3.Considering the averments made in the affidavit filed in support of this application and being satisfied with the reasons stated in therein, this Miscellaneous Petition is ordered as prayed for. 4.Registry is directed to carry out necessary amendments and list the same in due course.
17.08.2023 Gba C.SARAVANAN,J.
gba W.M.P.No.17576 of 2023 in W.P.No.16339 of 2023 17.08.2023