IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.13967 OF 2019 & 15526 OF 2019 (GM-RES) BETWEEN:
1. M/S. PRODUCTS EXIM TRADER’S (IMPORT EXPORT LICENCE HOLDER) REPRESENTED BY ITS PROPRIETOR SATISH K M S/O K V MUNIYAPPA AGED ABOUT 44 YEARS HAVING OFFICE AT NO.123/S1 KADUGODI EXTN., KADUGODI BANGALORE-560067.
2. M/S SEA AIR INTERNATIONAL EXPRESS LOGISTICS (LOGISTICS SERVICE PROVIDER) REPRESENTED BY ITS PROPRIETOR SATISH K M S/O K V MUNIYAPPA AGED ABOUT 44 YEARS HAVING OFFICE AT NO.123/S1 KADUGODI EXTN., KADUGODI BANGALORE-560067.
… PETITIONERS (BY MR. HARISH M, ADV.) AND:
1. THE CHIEF COMMISSIONER OF CUSTOMS INDIAN CUSTOMS, QUEENS ROAD BANGALORE-560001.
2. FREIGHT BRIDGE LOGISTICS PVT LTD REPRESENTED BY MR ARUN ITS BRANCH MANAGER 3092, 2ND FLOOR DOUBLE ROAD, 6TH MAIN INDIRANAGAR BANGALORE-560038.
(BY MR. K.V. ARAVIND, ADV.,) … RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF WRIT OF MANDAMUS TO R-1 TO SEIZE THE GOODS FROM R-2 AND TO COMPLETE THE TRANSPORTATION TASK AND COMPLETE THE LOCAL IMPORT GOODS MANIFESTATION NUMBER (L.I.G.M) AND OTHER TASKS AS PER THE CUSTOMS ACT 1962. (SHIPPING BILL OF LADING VIDE NO.CCFSZX1811148 (TELEXED BILL OF LADING)/2 PACKAGES/552 KGS/ 2.528 CBM.. ITEM NAME:: CELECTRA VMM 322 CNC VISION MEASUREMENT MACHINE SHIPPING DOCUMENT OF DATED 23.7.2018 AS PER ANNEXURE-K AND L & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Harish M., learned counsel for the petitioner.
In these petitions, the petitioner has prayed for the following reliefs:
(a) Issue a writ of mandamus to respondent No.1 to seize the goods from respondent No.2 and to complete the transportation task and complete the Local Import Goods Manifestation Number (L.I.G.M.) and other tasks as per the Customs Act, 1962. (Shipping Bill of Lading vide No.CCFSZX1811148 (telexed bill of lading)/2 packages/ 552 kgs/2.528 cbm. Item name: CELECTRA VMM 322 CNC VISION MEASUREMENT MACHINE shipping document of dated 23.07.2018. (As per Annexures K & L).
(b) Issue a writ of mandamus to respondent No.1 to handover the goods to the petitioners within seven days from the date of order.
2. When the matters were taken up today, learned counsel for the petitioner submitted that he be granted with a liberty to make a representation before the competent authority.
3. In view of the submission made and in the facts of the case, the writ petitions are disposed of with a liberty to the petitioner that in case a representation is made to the competent authority, the same shall be decided by the competent authority by a speaking order within a period of six weeks from the date of receipt of such a representation. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petitions are disposed of.
Sd/- JUDGE SS