9911796707
TMI Blog1983 (6) TMI 196X X X X Extracts X X X X X X X X Extracts X X X X ..... he operation of the order passed by the Gold Control Administrator which required the appellants to pay redemption fine of ₹ 25,000/- and a penalty of ₹ 2,00,000/-. The petition is filed on behalf of M/s. Meena Jewellery. The petitioners stated in the petition that they are not in a position to pay ₹ 2,25,000/- even if they dispose of their entire stock held by them and the prope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the party aggrieved need not seek stay of that part of the order but in the instant case the Gold Control Administrator has passed an order that the confiscation becomes absolute if redemption fine is not paid within 3 months. Apparently because of such an order the appellants have come up with, the prayer for stay of the entire order. Shri Saha for the Department vehemently contended that the Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot get back the confiscated gold by reason of the confiscation becoming absolute on account of non-payment of redemption fine. The ends of justice require that that part of the order should be stayed pending consideration of the appeal and accordingly we direct stay of that part of the order unconditionally. We say it is unconditional because the goods are with the Department and in the event of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. Considering the undue hardship that would cause to the petitioner and taking into account the interest of revenue we feel it reasonable to call upon the appellants to furnish bank guarantee for a sum of ₹ 1 lakh and execute a bond with solvent surety for the remaining sum of ₹ 1 lakh. 6. For the reason we allow the application and direct stay of recovery of penalty of ₹ 2 l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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