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CA/7399/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION NO. 7399
OF 2011
=========================================================
SHREENATH
CERAMICS INDUSTRIES - THROUGH PARTNER - Petitioner(s)
Versus
UNION
OF INDIA - THROUGH SECRETARY & 2 - Respondent(s)
=========================================================
Appearance
:
MR
DEVAN PARIKH for
Petitioner(s) : 1,
MR YN RAVANI for Respondent(s) :
1,2,3
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
and
HONOURABLE
MS JUSTICE SONIA GOKANI
Date
: 07/07/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
We
had passed a common order in Special Civil Application No.7624/2011
and connected matters directing the respondents to release imported
material in favour of the petitioner not exceeding 20% in weight on
their paying demurrage to the concerned authority.
It
is stated that this arrangement is causing some difficulty in working
out since authorities are insisting that all containers being
emptied, weight may be taken and thereafter, maximum 20% of weight be
permitted to be lifted.
Counsel
for the applicant further submitted that applicant is in great
urgency to use the material in its factory. Further delay would cause
great injustice.
It
is stated that in the present case, the applicant has imported nine
containers, all having similar weight though it may not be identical.
In
continuation of our order dated 4.7.2011 in the present application,
it is directed that respondents shall release materials of two
containers of the applicant subject to other conditions of the main
order.
Application
is disposed of accordingly.
Direct
service today is permitted.
(Akil
Kureshi,J.)
(Ms.
Sonia Gokani,J.)
(raghu)
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