1999 (8) TMI 829

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..... Agarwal, JDR, for the Respondent. [Order per : Gowri Shankar, Member (T)]. We have heard both sides on the application. 2. The Commissioner has ordered confiscation of the ship M.V. Palanga, brought in by the applicant into Sosiya port in Gujarat for the purpose of it being broken, under clause (j) of Section 111 of the Act, with an option to redeem it on payment on fine of Rs. 20 lakh .....

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..... epartmental representative answers by pointing out that Dr. Jogadia, the Secretary of the applicant society and some other watchman and supervisor of the plot, agreed that the items are obtained by working on the ship. He also points out that the delay in the adjudication was caused by the conduct of the applicant. 4. In the light of the admissions made by Dr. Jogadia it is, prima facie, not pos .....

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..... n depth before arriving at a final conclusion. At this stage, we therefore, only limit to the relief and pass order by exercising our inherent powers, once the redemption fine of Rs. 20 lakhs is secured by a bank guarantee, to be furnished by the applicant and to be kept alive till the pendency of the appeal, the ship may be permitted to break, if other formalities required are complied with. We t .....

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