The High Court permitted the petitioner to apply in a prescribed form to change the buyer by amending the bill of lading. The Commissioner must dispose of the application within two weeks and communicate the decision.
Permission granted to apply in prescribed form to change the buyer by amending the bill of lading.
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AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
WRIT PETITION NO.7727 OF 2008
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Office Notes, Office Memoranda of
Coram, appearances, Court’s orders Court’s or Judge’s orders.
or directions & Registrar’s orders
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Ms.Aradhana V. Latne i/.by ACE Legal for
the petitioner.
Mr.R.G. Shah with Mr.J.B. Mishra for the
respondents.
CORAM : P.B. MAJMUDAR & J.P. DEVADHAR, JJ.
DATED : 1ST DECEMBER, 2008.
P.C. :
1. By filing this petition, the
petitioner has prayed that the respondent
may be permitted to change the buyer of
the goods by amending the bill of lading
of the transaction in question. In this
behalf, the petitioner has already made a
request to the Commissioner of Customs
dated 11-9-2008. It is unfortunate that
till today, the petitioner has not been
informed as to what happened to the said
request. The learned counsel for the
respondents state that the petitioner is
required to apply in a prescribed form.
2. In our view, the imported goods
are lying since long and the petitioner
has suffered loss as also the revenue is
at loss by not deciding the said
application. Considering this aspect of
the matter, we permit the petitioner to
apply in prescribed form with a request to
change the buyer by amending the bill of
lading. The petitioner may make an
application in a prescribed form in
appropriate manner as per law. If any
application is made in this behalf, the
respondent shall dispose of the same and
shall take decision in accordance with law
within a period of two weeks from the date
of receipt of such application. Such
decision should be communicated to the
petitioner. If the petitioner is
aggrieved by the said order, it will be
open to the petitioner to challenge the
said order in accordance with law.
3. With these observations, the writ
petition is disposed of.
(J.P. Devadhar, J.) (P.B. Majmudar, J.)
1 issue framed by the court
Whether the writ petitioner should be permitted to change the buyer by amending the bill of lading.
Petitioner
Respondent
P.B. MAJMUDAR
J.P. DEVADHAR
As recorded by the court registry
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