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Petitioner: M/s. MUHAMMADIA TRADING CO. VS Respondent: COLLECTOR OF CUSTOMS AND 2 OTHERS
Court Name: Sindh High Court Judge(s): Ajmal Mian, k.A Ghani Title: M/s. MUHAMMADIA TRADING CO. vs COLLECTOR OF CUSTOMS AND 2 OTHERS Case No.: Constitutional Petition No, D-624 of 1981 Date of Judgment:1981-07-21 Reported As: 1982 CLC 1581 Result: Petition disposed of
JUDGMENT
JUDGMENT AJMAL MIAN, J.-The above writ petition is disposed of by consent in the following terms :- That the petitioner will be allowed to take the delivery of the goods, upon furnishing bank guarantee to the extent of 70% of the C.1. And P value of the consignment to the respondent No, 1 in addition to the payment of normal custom duty and sales-tax and other charges. The bank guarantee is to be submitted within 4 weeks. It may be clarified that the respondent No, 1 shall be free to accept FDR in lieu of the bank guarantee if he considers it proper. 2. That the petitioner shall pay wharfage charges/demurrage upto date to the respondent No, 3. 3. That the petitioner shall be entitled to apply for detention/delay certificate in case they succeed before customs Authorities or before the competent Court of law. 4. Upon receipt of the detention/delay certificate they shall be entitled to apply to the respondent No, 3 for the refund of the amount which to be paid by the petitioner as demurrage in addi:ion to the normal charges on account of the delay in clearance of the goods. The respondent No, 3 shall consider the petitioner's request for refund upon receipt of the delay/detention certificate in accordance with the rules. 5. That the respondent No, 1 shall finalise and adjudicate upon the petitioner's case within 3 months. 6. There will be no order as to costs.
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