RAKESH DHIR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard finally by consent of parties.

(2.) This petition filed under Article 226 of the Constitution of India seeks to challenge the public notice No.2/1010 dated 14th January, 2010 and consequent order dated 25th January, 2010 clarifying that no request for amendment of consignee's name in the IGM shall be entertained if the consignee first named has already filed the bill of entry and has neither withdrawn the same nor given NOC for the amendment.

(3.) The factual score emerging from the petition is that a Brazilian company by name Cooperaguas Cooperativa AgroIndustrial Aguas Frias (hereinafter referred as 'Cooperaguas' for short) agreed to sell approximately 3,875 metric tons of Brazilian Brown Eye Beans (hereinafter referred to as the 'imported goods' for short) to a company in the United States of America, namely, PKT Associates Inc. (hereinafter referred to as 'PKT' for short) covered under 13 contracts. The said contracts were executed through mutually agreed agricultural agents, namely, M/s.Hugo Raggi and M/s.Iberica Corretora on behalf of the parties thereto. Under the terms of the contracts, the cargo was to be delivered at the Nhava Sheva Port, Navi Mumbai and shipment was to be effected by the end of November 2009.