An importer has approached a freight forwarder to issue DO with relevant payment.But freight forwarder refused to issue DO saying that DO payment of another consignment of same importer is still due. Also argues that they are not coming under the purview of Customs Cargo Services Provider ( CCSP ) rules hence writ petition of importer is not maintainable. Comment?
The " cause of action" of both consignments are different hence freight forwarder can't club both.
Also, even if they are not registered under Handling of Cargo and Customs Areas Regulations, freight forwarder are bound to follow provisions of the Customs Act including the rules, regulations, notifications and orders as per Regulation 5(5) because Regulation 2(1)(b) of the Handling of Cargo and Customs Areas Regulations, 2009 includes " any person". Hence writ petition is maintainable.
The freight forwarder is bound to issue DO for the consignment against which he has received his dues. It is needless to point out that it is always open to the freight forwarder to ventilate his grievances in accordance with law, for any claim that may be due in connection another consignment separately.
M/S. VANATHI EXPORTS PRIVATE LTD., VERSUS THE COMMISSIONER OF CUSTOMS (EXPORTS) , CHENNAI, THE JOINT COMMISSIONER OF CUSTOMS (PREVENTIVE) , M/S. E-SHIP GLOBAL LOGISTICS - MADRAS HIGH COURT decided on 21.08.2020
