Goenka Exim Pvt. Ltd. Vs the Union of India through the Secretary, Ministry of Finance, Dept. of Revenue and Ors.

A consignment of watermelon seeds imported by the petitioner is pending clearance since 11^th September, 2014. That is the urgency which has been projected and posed on which the matter was placed today at 3.00 pm.

When the matter was called out, Mr. Jetly appearing for the respondents on instructions from the concerned officials makes a statement that latest by 13^th October, 2014, the imported consignment would be cleared by the authorities on a provisional basis.

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We accept the statement made by Mr. Jetly on instructions as an undertaking given to this Court.

It would be open to the petitioner to urge before the authorities that while provisionally assessing the liability to pay duty, if any, the authority shall consider that the consignment has been lying at the subject port and pending clearance from 11^th September, 2014 and waiver be given in the demurrage charges incurred in that behalf. Keeping open that plea and all other contentions of the petitioner for being raised before the appropriate forum and at appropriate stage, this writ petition is disposed of.

( S.C. DHARMADHIKARI, J. )

Goenka Exim Pvt. Ltd. v. the Union of India through the Secretary, Ministry of Finance, Dept. of Revenue and Ors.