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1994 Supreme(Del) 698

A.D.SINGH, M.JAGANNADHA RAO
R. C. FABRICSPRIVATE LIMITED – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
K.S.BINDRA, M.C.SEKHARAN, Manvendra Verma, SATISH AGGARWAL, VIVEK SUD

Anil Dev Singh, J.

( 1 ) THIS is a writ petition whereby the petitioner, inter alia, seeks a direction to the respondents for release of the consignment of polyester fabric imported by it against duty free advance import licence No. PK 3297494 and covered by Bill of Entry No. 151684 dated August 16,1990 without payment of demurrage, ground rent and container charges of the fourth respondent Central Warehousing Corporation and for payment of damages and interest thereon on the ground that the goods were detained by the custom authorities viz. second and third respondents, illegally and unauthorisedly at the Container Freight Station, Patparganj of the fourth respondent. Briefly stated the facts giving rise to this writ petition are as follows:

( 2 ) THE petitioner deals in export of polyester shorts. He is said to have received export orders from Hongkong for the supply of 1,00,000 pieces and 60,000 pieces of polyester shorts on October 9,1989 and November 3, 1989 respectively. It is claimed that the goods were exported to the foreign buyer, who remitted the requisite foreign exchange. On January 2, 1990 the petitioner applied to the Joint Chief Controller of Imports and Exports for



























































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