M/s. Mundya Trading Vs the Principal Commissioner

directing the 1st and 2nd respondents herein to ensure the compliance of the order dated 30.06.2025 passed by the 3rd respondent / DRI Delhi granting detention and demurrage waiver certificate in terms of Regulation 6(1)(1) of Handling of Cargos in Customs Area Regulation, 2009 and Regulation 10(1)(1) of the Sea Cargo Manifest and Transshipment Regulations 2018 concerning the goods, covered under Warehouse Bill of Entry No. 7695041 dated 9.1.2025 Container No. WHSU6751392 and also by considering the representation of the petitioner dated 11.08.2025 concerning the movement the subject import consignment, presently detained from the Chennai port to SEZ- FTWZ unit viz., M/s. NDR Infrastructure Pvt. Ltd., Ponneri Taluk, Thiruvallur district.

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For Petitioner(s): Mr.S.Baskaran For Respondent(s): Mrs.Revathi Manivannan, SPC for R1 & R2 Mr.Mohanamurali for R3

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Order

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This writ petition has been filed to direct the respondents 1 and 2 to implement the detention certificate issued by the third respondent in favour of the petitioner on 30.06.2025.

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2.By an order dated 18.11.2025 passed by this Court in W.P. No.44616 of 2025 in petitioner’s favour, the provisional release was ordered for re-export on the petitioner fulfilling the conditions, disclosed in the said order. The petitioner is ready and willing to abide by the said conditions.

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3.The third respondent has issued a detention and demurrage waiver certificate in terms of Regulation 6(1)(1) of Handling of Cargos in Customs Area Regulation, 2009 and Regulation 10(1)(1) of the Sea Cargo Manifest and Transshipment Regulations 2018. The petitioner seeks for implementation of the detention certificate issued by the third respondent dated 30.06.2025. The petitioner had given a representation on 11.08.2025 to respondents 1 and 2 for the said purpose. Since the same has not been considered till date, the petitioner has filed this writ petition.

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4.Mrs.Revathi Manivannan, learned Senior Panel Counsel accepts notice on behalf of respondents 1 and 2. Mr.Mohanamurali, learned Standing Counsel accepts notice on behalf of the third respondent.

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5.Since the representation dated 11.08.2025 said to have been given by the petitioner, as referred to supra, does not have an acknowledgment, the petitioner is permitted to give a fresh representation to the respondents seeking for implementation of the detention certificate.

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6.No prejudice would be caused to the respondents if the petitioner’s representation is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

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7.Since the goods have not been released to the petitioner even though

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this Court had passed an order as early as on 18.11.2025 in W.P. No.44616 of 2025, necessarily, the representation of the petitioner has to be acted upon expeditiously by respondents 1 and 2.

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8.For the foregoing reasons, this writ petition is disposed of by permitting the petitioner to submit a representation to the second respondent seeking for implementation of the detention and demurrage waiver certificate dated 30.06.2025 issued in favour of the petitioner for the subject goods, within a period of one week from the date of receipt of a copy of this order. On receipt of the said representation within the stipulated time, the second respondent shall pass final orders, on merits and in accordance with law on the said representation within a period of four weeks thereafter. No costs.

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06-02-2026

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VGA

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To