UJJAL BHUYAN, MILIND N.JADHAV
NBU Bearings Pvt. Ltd. – Appellant
Versus
Union of India – Respondent
JUDGMENT :
MILIND N. JADHAV, J.
Heard Mr. Venkatesh Dhond, learned senior counsel for the petitioners; Mr. Vijay Kantharia, learned counsel for respondent Nos. 2 to 5; and Mr. Alankar Kirpekar, learned counsel for respondent No.6.
2. By the present petition filed under Article 226 of the Constitution of India, petitioners have prayed for a writ of mandamus to respondent no. 4 i.e. Deputy / Assistant Commissioner of Customs (Special Intelligence & Investigation Branch), Nhava Sheva - V, Tal Uran, District - Raigad to revoke the suspension of clearance of its consignment i.e. bearings imported by petitioner No.1 on 05.01.2021 having "TR" mark / brand.
2.1. Petitioner No.1 has filed 6 bills of entry, all dated 04.01.2021, with customs authorities i.e. respondent Nos. 2 to 5 for clearance. Petitioner asserts that without issuing any order of confiscation and in violation of the provisions of Rule 7 of the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 (briefly referred to as "the IPR Rules" hereinafter) and the provisions of the Copyright Act, 1957 (for short 'the sai
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