TMI Blog2015 (7) TMI 301X X X X Extracts X X X X X X X X Extracts X X X X ..... n the Directorate is already having seized Indian currency which was not confiscated and the foreign currencies could not have been seized through addendum without affording opportunity - Held that:- In the order under challenge at more places than one the Tribunal has observed that the main appeal arising out of the adjudication dated 22.1.2010 and the subsequent addendum dated 15.2.2010 raises s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal is required to consider several grounds and indepth, then we do not see justification for imposition of such conditions. - Stay granted. - Fera Appeal No. 4 of 2015, Appeal No. 108 of 2010 - - - Dated:- 29-6-2015 - S. C. Dharmadhikari And G. S. Kulkarani,JJ. For the Appellant : Mr. B Seshagopalan For the Respondent : Mr. A J Rana, Senior Adv with Mr. Salil Shah Ms. Asha Bha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thout affording opportunity ? 2. Although the order under challenge is an interim order, having perused the same, our view is that the ultimate direction and to grant conditional waiver and stay, is inconsistent with and does not agree with the prima facie conclusions which have been reached. 3. In the order under challenge at more places than one the Tribunal has observed that the main app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al of stay. This is clear from the conditions that have been imposed. Once the case is arguable and the Tribunal is required to consider several grounds and indepth, then we do not see justification for imposition of such conditions. 4. Without expressing any opinion on the rival contentions and particularly on the merits of the controversy, we allow this appeal. There will be an unconditional ..... X X X X Extracts X X X X X X X X Extracts X X X X
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