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TMI Blog2018 (3) TMI 570X X X X Extracts X X X X X X X X Extracts X X X X ..... conferred by the Act of 1962. The authorities cannot refuse to act merely because there is an allegation of a wrongful act or there is a protest raised - petition disposed off. - Writ Petition No. 1726 of 2018 - - - Dated:- 21-2-2018 - S. C. DHARMADHIKARI SMT. BHARATI H. DANGRE, JJ. Mr. Prakash Shah with Mr. Jas Sanghvi i/b. M/s. PDS Legal for the petitioner. Ms. P. S. Cardozo for r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vely from its system and (iii) permit the Petitioner to file fresh Bills of Entry and allow clearance of the goods. 2. On such a petition, we had, upon hearing Mr. Shah appearing for the petitioner and Ms. Cardozo appearing for respondent nos. 2 and 3 passed the following order:- 1. Ms. Cardozo tenders an affidavit in reply. It is taken on record. A copy is provided to the petitioner&# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r. Shah tenders an affidavit proving service of writ petition upon respondent nos. 4 and 5 by Registered Post Acknowledgment Due and by e-mail. Mr. Shah also tenders an affidavit seeking to prove that the papers were carried by a representative of the petitioner's advocate to the residential/business address of respondent nos. 4 and 5, but they could not be accessed and approached. 4. Thu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 5. 6. Mr. Shah, in our opinion, rightly relies upon the order passed on 20th December, 2016 in Writ Petition No. 2843 of 2016 by this court. The judgment is reported in 2017 (349) E.L.T.34. 7. In the light of the said judgment and by sufficiently protecting the interest of respondent nos. 2 and 3, we pass the following order:- (i) As a result of the above discussion, we direct ..... X X X X Extracts X X X X X X X X Extracts X X X X
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