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2018 (2) TMI 1719

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..... ct, 1962. In the instant case, the petitioner is required to avail such remedy because of the complicated factual situation involved. Therefore, the Court cannot test the correctness of the impugned order, by making a roving enquiry into the factual position, which has been placed before the Court at the instance of the DRI - Petition is disposed of, by directing the petitioner to file an Appea .....

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..... ver, he is aggrieved by condition No.ii. 3. The learned counsel appearing for the petitioner would contend that the impugned order, directing the petitioner to furnish bank guarantee for Rupees One Crore is wholly uncalled for, onerous and not sustainable. 4. I have heard the learned counsel appearing for the petitioner for a considerable length of time, not only today, but on earlier oc .....

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..... cannot test the correctness of the impugned order, by making a roving enquiry into the factual position, which has been placed before the Court at the instance of the DRI. Therefore, it is fit and proper case, where, the petitioner should avail alternate remedy under the provisions of the Customs Act. 6. Accordingly, this Writ Petition is disposed of, by directing the petitioner to file an Ap .....

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