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SONIA GOKANI, RAJENDRA M. SAREEN
Union Of India – Appellant
Versus
Asian Food Industries – Respondent
JUDGMENT :
(Sonia Gokani, J.)
1. Aggrieved by the judgment and order dated 24.07.2018 passed by the learned Single Judge in Special Civil Application No. 19287 of 2006 whereby the learned Single Judge allowed the matter in favour of the respondents, the appellant begs to prefer this appeal under Clause 15 of the Letters Patent.
2. The respondent no.1 being the exporter of various kinds of pulses and cereals and other materials, received export orders from various overseas importers for import of various cereals, pulses, tuvar dal, red choli and other items. The respondent no.1 entered into a contract of 2500 metric tons approximately. The consideration of entire export is approximately 15 lakhs of USD out of which the petitioner received advance of 20%.
2.1. Out of 106 containers, 20 containers have already been exported from Kandla Port itself. For remaining 84 containers, the respondent handed over all the containers with the shipping agent with all the documents of the Customs Department on 23.06.2006 and 24.06.2006 and it was examined by the Customs Department and thereafter only the Customs Department granted the permission under Section 50 and the order under Section 51 of the
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