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2015 (8) TMI 1479 - HC - CustomsRelease of goods - petitioner submitted that although the Supreme Court stayed the operation of the said judgment, yet it granted release of the goods and, therefore, the same order should be passed by this Court - HELD THAT - We are afraid that we cannot accept this argument inasmuch as the Supreme Court has stayed the operation of the said judgment on which the petitioner places reliance. The powers of the High Court are not equivalent to those of the Supreme Court and it is also not clear as to under which circumstances the goods were directed to be released in that case. Renotify on 22.02.2016.
Issues:
- Interpretation of a Division Bench's decision - Effect of Supreme Court's stay order on the judgment - Request for goods release based on Supreme Court's order Interpretation of Division Bench's Decision: The judgment discusses the reliance placed by the petitioner on a Division Bench's decision in a specific case. The petitioner sought a similar order from the High Court, citing the Division Bench's ruling. However, the respondents highlighted that the Supreme Court had stayed the operation of the said judgment. The High Court emphasized that its powers are not equivalent to those of the Supreme Court. The Court expressed reluctance to accept the petitioner's argument for a similar order based on the Division Bench's decision. Effect of Supreme Court's Stay Order: The judgment delves into the impact of the Supreme Court's stay order on the Division Bench's decision. It mentions that the Supreme Court had stayed the operation of the judgment on which the petitioner relied. Despite the Supreme Court's stay, the goods in question were directed to be released within a week. The High Court noted the distinction between its powers and those of the Supreme Court, indicating that the circumstances leading to the goods' release by the Supreme Court were unclear. Request for Goods Release based on Supreme Court's Order: The petitioner argued for the release of goods based on the Supreme Court's order directing the release within a week, despite the stay on the judgment. The High Court, however, declined to accept this argument, citing the difference in powers between the High Court and the Supreme Court. The Court scheduled a renotification for further proceedings on a later date, indicating a need for additional considerations or developments in the case.
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