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1988 (3) TMI 324

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..... be disposed of at the stage of admission. It challenges the validity of the impugned order dated 8th February 1988, despatched on 12th February 1988 at Exhibit 'C', by the Collector of Customs (Preventive), Bombay, cancelling the first petitioner M/s Patni Jewellers' gold dealers licence. Now, against the impugned order appeal admittedly lies to the Tribunal i.e. CEGAT. If so, there is no good re .....

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..... ugned order and all such challenges thereto which the petitioners feel impelled to raise against the same can as well be raised in appeal before the Tribunal and the Tribunal will consider and decide the same on merits and in accordance with law. Assuming the Tribunal's order in appeal going against the petitioners, they would then have their remedies open against the same. 4. There is, however, .....

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..... to raise in the event of the petitioners proceeding further against the order of the Tribunal in appeal. That liberty is always there to the petitioners. In the circumstances, I do not propose to go into the said challenge at this stage of the proceedings. The said challenge can well await determination by the Court if occasion so arises after the disposal of the petitioners' appeal by the Tribun .....

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..... itions. (c) Challenge to the validity and constitutionality of Section 50(1A) of the Gold Control Act is left open. (d) In the event of the Tribunal's order in appeal going against and/or adversely affecting the petitioners, they will, of course, be at liberty to proceed against the same in accordance with law. 7. Order accordingly on this petition which is thus disposed of.
Case laws, Deci .....

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