M/S GALLOO NV Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) Petitioners have approached this Court with a prayer for issuance of writ of mandamus for deleting the Bill of Entry No.7640930, dated 12.05.2020 (Annexure P-7) filed vide IGM No.2251060, dated 07.04.2020 being illegal, arbitrary and violative of the provisions of the Customs Act, 1962 and in violation of the provisions of Articles 14 and 19 of the Constitution of India.

(2.) On going through the facts of the case, what finally culls out is that petitioner No.1, who is an Exporter of Ferrous and Non Ferrous Scrap as well as recycled material, has a go down in Belgium. The official respondents have not cancelled the Bill of Entry No.7640930, dated 12.05.2020 and also not permitted the amendment to the Import General Manifest (for short 'IGM') filed in terms of Section 30 of the Customs Act, 1962. It has been asserted that goods of petitioner No.1, which were exported, are stuck at Port of Inland Container Depot, CONCOR, Ludhiana incurring heavy demurrage and detention charges on daily basis. It is asserted that initially the consignment was prepared in the name of M/s RR Global (India), Mandi Gobindgarh, Punjab - respondent No.4 with 20% advance payment and the balance was to be paid on the presentation of the original documents in the bank of respondent No.4. Advance payment of US $9900 vide Swift Transfer dated 20.02.2020 was made. The delivery on the shipment having reached its destination, has not been taken by respondent No.4 and did not even come forth to take the delivery of the goods. Despite various efforts having been made when respondent No.4 did not come forth, petitioners as well as shipping agent have made a request for amendment in the IGM on 24.06.2020 and 30.06.2020 respectively. The said request, of the petitioners, for amendment has not been decided till date. Since the petitioners were suffering demurrage and other charges on daily basis, they have approached this Court by way of the present writ petition.

(3.) Upon notice having been issued, reply to the writ petition has been filed by respondents taking therein a plea that 'no objection certificate' of respondent No.4, the original consignee, has not been submitted, because of which the amendment as sought cannot be permitted in the IGM.