9911796707
TMI Blog2014 (1) TMI 276X X X X Extracts X X X X X X X X Extracts X X X X ..... d by Insurance, it becomes necessary to consider this application. The impugned order does hold that there is no dispute that the owner M/s. DOSA had sold the barges. The impugned order of the Tribunal allows redemption of the barges by M/s. DOSA. However, M/s. DOSA are not coming forward as they have sold the Barges and now have no interest in them. In the circumstances, if the barges are not all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in favour of assessee. - Notice of Motion No. 93 of 2013 in Customs Appeal No. 71 of 2008 - - - Dated:- 26-7-2013 - Mohit S. Shah and M.S. Sanklecha, JJ. Shri J.H. Motwani with M.R. Baya, Counsels, for the Appellant. Shri A.S. Rao, Counsel, for the Respondent. ORDER This Notice of Motion has been taken out by the applicant in an pending appeal from the order dated 29 February, 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... furnished two bank guarantees of Rs. 10 lakhs each in favour of the respondents. 3. By the present Notice of Motion, the applicant seeks permission to file Bills of Entry for home consumption and clearance of the four barges on payment of appropriate duty. 4. Mr. Motwani, learned Counsel for the applicant submits that even after the confiscation, the four barges continue to be in possession of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue of allowing payment of redemption fine by a person other than the owner of the confiscated goods is pending in this appeal. However, in view of the fact that the barges are a cause of environmental issues, likely to be scrapped by the Gujarat Board Yard Works and are not covered by Insurance, it becomes necessary to consider this application. The impugned order does hold that there is no disput ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent has not taken charge of the barges and allowed it to remain with the applicants even after confiscation. The respondent do not seek to have possession of the barges even today. 7. In view of the above, upon the applicant paying the redemption fine and the applicable duties, the Commissioner of Customs (Imports) will allow the clearance of the four barges. 8. Accordingly Notice of Mot ..... X X X X Extracts X X X X X X X X Extracts X X X X
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