IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 30259 of 2007(B) ---------------------------------------- PETITIONER(S): ------------------------ EBENEZER CASHEW COMPANY, CHEPPARA,KOLLAM, KERALA REP. BY ITS PROPRIETOR,MR.JOHNSON ABRAHAM, AGED 34 YEARS, S/O. ABRAHAM. BY ADV. SRI.V.J.MATHEW SRI.BIJISH B.TOM SRI.VARUGHESE RESPONDENT(S): ------------------------ 1. THE COMMISSIONER OF CUSTOMS (IMPORTS), CUSTOMS HOUSE,W/ISLAND,COCHIN-9 2. UNION OF INDIA, REP. BY ITS SECRETARY MINISTRY OF FINANCE, NEW DELHI. 3. PARGAN SINGAPORE PTE LTD, 3 SHENTON WAY, # 20-04, SHENTON HOUSE, SINGAPORE -068805. 4. SREEDURGA CAHSHES COMPANY, PUTHOOR P.O. KOLLAM,KERALA. 5. ATHEN CASHEW FACTORY, MANNOOR P.O. CHANNAPPATTA, KOLLAM, KERALA. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30259/2007 JUDGMENT Dismissed as infructuous. 05.11.2008 SD/- KURIAN JOSEPH, JUDGE /TRUE COPY/ P.A. TO JUDGE tss ANTONY DOMINIC, J ------------------- W.P.(C).30259/2007 -------------------- Dated this the 19th day of October, 2007 ORDER Issue notice by speed post. In spite of the adjournments granted on two occasions, learned Standing Counsel for respondents 1 and 2 is not able to provide instructions in this matter. Petitioner complains that the cargo is still with the Cochin Port Trust and that it is incurring demmurrage. It is also the specific contention that Ext.P5 Import General Manifest has been amended and only for that reason that the fourth respondent had earlier filed a Bill of Lading, the respondents have not permitted him to regularize and to file his fresh Bill of Lading in accordance with Ext.P5 amended Import General Manifest. In view of the above, there will be an interim direction as prayed for. ANTONY DOMINIC Judge mrcs