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TMI Blog2009 (10) TMI 256X X X X Extracts X X X X X X X X Extracts X X X X ..... dvocate and independent investigator. In view of the letter, customs stopped payment in terms of the shipping bills. Under the circumstances, the writ petition was filed. Held that- It is not known under what authority P.J. Khoshy claiming to be an advocate as also claimed to an independent investigator. His letter dated June 2, 2008 is of no consequence. It was not issued under any provision of any statute. Hence customs were not under any statutory obligation to stop payment. Thus, allow the writ petition. - 1436 of 2008 - - - Dated:- 20-10-2009 - Jayanta Kumar Biswas, J. [Order]. - The Court : The petitioner in this writ petition dated August 27, 2008 is aggrieved by the decision of the Assistant Commissioner of Customs, Drawba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IM AVENUE PVT. LTD. They are a cheater company and cheated public money of Rs.4 crore from Punjab Sind Bank, International Banking Division, 14-15 Old Court House Street, Kolkata-700001 and closed their account. Now opened new account with Central Bank of India to cheat the Government. Actual cost of all vests exported by Dinmay Exim Avenue Pvt. Ltd. are less than Rs.22/- per pc. And exported to their own company in Myanmar (M/s. Ayoma International) which is now sold to other person. This is my duty to inform you the real background of the company and their proprietor (Mr. Dinesh Chandra Rawat)". 4. Counsel for the customs has clearly conceded that P.J. Khoshy has not issued the letter dated June 3, 2008 under any statutory provision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated June 2, 2008 written by P.J. Khoshy customs could not withheld payment of balance duty drawback to the petitioner. I agree with counsel for the petitioner that the petitioner is entitled to payment of the balance with interest according to law. 6. For these reasons, I allow the writ petition and order as follows. Within a fortnight from the date of communication of this order customs, especially the Assistant Commissioner of Customs who wrote the letter dated July 21, 2008, Annexure P 2 at p. 35 shall pay the petitioner the balance duty drawback with interest, payable according to law. There shall be no order for costs. 7. All parties to act on a signed xerox of this order on the usual undertakings. 8. Urgent certified xerox of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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