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Issues involved: Clarification on the meaning of "access to the engine" and the procedures for preservation and maintenance of the engine.
Clarification on "access to the engine": The petitioner sought access to the engine for integrity checks, maintenance, and testing, including fitting onto an aircraft. The respondents argued that the engine cannot be moved without a bond and must be tested by a governmental agency like Air India Ltd. The court clarified that the petitioner's access means engaging Air India Ltd for preservation and maintenance, with no authority to direct specific actions. Air India Ltd will carry out the works at the petitioner's cost. Procedures for preservation and maintenance: If Air India Ltd requires moving the engine for testing, the petitioner must provide a provisional release bond. After testing, the engine will be returned to the customs warehouse. These directions do not affect the parties' rights and contentions. Customs Authorities are taking action regarding the engine, which will be in accordance with the law. This judgment clarifies the scope of "access to the engine" and outlines the procedures for preservation and maintenance, ensuring that Air India Ltd handles the tasks while the petitioner bears the costs.
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