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TMI Blog2015 (2) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER Per Ashok Jindal: The appellant is in appeal along with an application for stay against the impugned order which is as under: I reject the request of the importers for retesting of samples of the imported goods in any laboratories other than CRCL. 2. Today the stay application is listed before me for consideration. After hearing the parties, I find that the disposal of stay applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... port concluding that it is a processed calcium carbonate and it is not natural, but as per information sought from the CRCL laboratory dated 13.09.2013, it is the submission of the officer of the CRCL that for want of required facilities, this laboratory is not able to analyze sample of calcite powder. Thereafter, another information was sought on 21.07.2014 and it was informed that no new equipme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant has not asked for cross examination of the officer of CRCL, which he had a right to ask for the cross examination. Therefore, at this stage, the said report cannot be denied. He further submits that the report has been obtained in 2013 and the appellant is asking for retest from the laboratory as per their choice which cannot be permitted at this stage. He could have asked for the retest fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthority is directed to get the samples retested from any laboratory other than CRCL and thereafter to pass an appropriate order in accordance with law. The adjudicating authority is also directed till finalization of the adjudication in this matter the bank guarantee furnished by the appellant shall not be enchased. 9. Stay application and appeal are disposed off in the above mentioned counts. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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