2010 (1) TMI 458

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..... ection on that count, if they find that goods imported were covered by subject licence since litigation in this behalf pending. Pendency of litigation is not expected to cause prejudice to petitioner. - 920 of 2003 - - - Dated:- 19-1-2010 - V.C. Daga and K.K. Tated, JJ. S/Shri Sujay N. Kantawala with Brijesh Pathak i/b Kantawala and Co., for the Petitioner. Shri Pradeip S. Jetly, fo .....

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..... 112(a) of the Act, duty free clearance of the goods was denied to the petitioner. 5. The petitioner aggrieved by the above order approached the Appellate Tribunal. 6. The Tribunal after hearing the parties recorded a finding that though the licences were transferred in the name of the petitioner but they were handed over to the Customs by one Mr. Mehta of M/s. Veekay Products Pvt. Ltd., as su .....

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..... ructions, has agreed to hand over these two licences to Mr. Mehta of M/s. Veekay Products Pvt. Ltd. within one week from today so as to complete the adjudication process. 10. Having heard rival parties considering consensus between them, the order-in-original (Exhibit J) dated 21-12-2000 and consequent CESTAT's order dated 2-1-2003 (Exh. O) are set aside and matter is remitted back to the Commis .....

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