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2018 Supreme(Ori) 873

I.MAHANTY, BISWAJIT MOHANTY
Dhamra Port Comopany Limited – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
A.K Panigrahi, Amarendra Pr Ray, Asok Mohanty, D.Das, N.Tripathy, Prasenjeet Mohapatra, Rajdipa Behura, T.R Jena, Tushar Kanti Satpathy, V.Pasayat, Advocates for the appearing parties.

JUDGMENT

I. Mahanty, J —In this writ petition the petitioner-M/s. Dhamara Port Company Limited has filed this writ petition with the following prayer :

    "(i) Issue a writ in the nature of certiorari, quashing the order dated 11.08.2017 of the Ld. Commisioner of Customs, Bhubaneswar.

    (ii) Issue an order, directing the Commissioner of Customs, Bhubaneswar to pass an order/public notice under proviso to para 10 of the customs notification no. 16/2015, dated 01.04.2015, permitting DPCL to clear the imported 3 GTSUs' through Dhamra Port and the spares under the EPCG scheme.

    (iii) Issue an order, directing opposite party no.3 to extend the validity of EPCG Licences, which remained unutilized due to inaction of Customs Authorities."

2. The essence of the contentions made by the petitioner-company through Mr. Asok Mohanty, senior counsel is that the petitioner-company sought to import three Grab Type Ship Unloaders (GRSU) from Shanghai Zhenhua Heavy Industries Co. Ltd., China for installation at its port located at the mouth of river Dhamara in the state of Odisha. It is averred that the intent behind import was to provide import facility for import of lime stone and thermal coal which requi

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