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TMI Blog2010 (9) TMI 358X X X X Extracts X X X X X X X X Extracts X X X X ..... d that: - if the Petitioner is willing to pay duty in full, and 50% of the fine and penalty and furnish bank guarantee for the balance amount due, goods shall be released to the petitioner - file appeal and obtain appropriate interlocutory orders, as otherwise, it will be open to the respondents to invoke the Bank Guarantee and realise its dues in full – Disposed of accordingly - 25728 of 2010(M) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , this writ petition has been filed on the reasoning that, if delay is caused in clearing the goods, that will result in payment of demurrages. On this basis, the writ petition is filed praying that, without prejudice to the remedies available to the petitioner to challenge the adjudication order, petitioner be allowed to clear the goods on payment of duty in full and 50% of the fine and penalty a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s suggested by the petitioner. On the other hand, if this court is to direct release of the goods, this court is also bound to protect the interest of the Government of India also. Therefore I am not persuaded to direct release of the goods on the terms suggested by the petitioner. 5. Therefore, it is directed that, if the Petitioner is willing to pay duty in full, and 50% of the fine and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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