Page 161 - ELT_1st September 2020_Vol 373_Part 5

2020 ] VINA ONE STEEL MANUFACTURING CORPORATION v. COMMR. OF CUS., COCHIN 599

REPRESENTED BY : S/Shri Aswin Gopakumar, Anwin Gopakumar,
Renoy Vincent, Niranjan Sudhir and Ms. Femy Ann
Johnson, Advocates, for the Petitioner.
S/Shri P.K. Suresh Kumar, V.J. Mathew, Bechu
Kurian Thomas, Sr. Advocates, Santheep Ankarath,
J. Ramkumar, Madhu Radhakrishnan, M.D. Joseph,
Vipin P. Varghese, Adarsh Mathew, Ms. Athira
Antony A., S.K. Kashyap, Rony Jose, Ms. Suzanne
Kurian and Sreelal Warrier, Advocates, for the
Respondent.
[Judgment]. - The petitioner, a company registered in Vietnam repre-
sented by Indian power of attorney holder Sri Amarnath Naik, has approached
this Court claiming following reliefs :
(i) issue a writ of mandamus or any other appropriate writ, direction or
order and commanding Respondent No. 1 to allow the petitioner or
persons claiming under it to destuff the cargo from the containers
covered by Bill of Lading Nos. 235900805914, dated 30-8-2019,
0399X30482, dated 6-9-2019 and 0399A22251, dated 15-9-2019, move
it to a more economical storage and sell the cargo to an interested
buyer or dispose of it or otherwise deal with the same as the owner
of the cargo; and
(ii) issue a writ of mandamus or any other appropriate writ, direction or
order commanding the Respondent No. 1 to allow the petitioner or
persons claiming under it to make and prefer necessary filings etc.
either electronically in the Customs Automated System of the Cen-
tral Board of Indirect Taxes and Customs (ICEGATE accessible at
www.icegate.gov.in) or manually in relation to the import goods cov-
ered by Bill of Lading Nos. 235900805914, dated 30-8-2019,
399X30482, dated 6-9-2019 and 0399A22251, dated 15-9-2019; and
(iii) issue a writ of mandamus or any other appropriate writ, direction or
order and commanding Respondent No. 1 to direct Respondents 3
to 5 to refrain and desist from demanding, collecting or in any way
recovering or appropriating ‘container detention charges’ and
‘ground rent’ or any other charges or costs of that nature from the
petitioner or persons claiming under it; and
(iv) issue a writ of mandamus or any other appropriate writ, direction or
order and commanding Respondent No. 1 to direct Respondents 3
to 5 to demand, collect, recover or appropriate ‘container detention
charges’ and ‘ground rent’ or any other charges or costs of that na-
ture from the 2nd respondent; and
(v) to grant such other and incidental reliefs as this Hon’ble Court may
deem fit, just and necessary in the peculiar facts and circumstances
of this case; and
(vi) to allow this writ petition (civil with costs to the petitioner.
2. The preface of the controversy arises out of a contract entered be-
tween the petitioner and respondent No. 2 for sale of steel pipes 1500 metric

EXCISE LAW TIMES  1st September 2020  161