9911796707
TMI Blog2019 (7) TMI 1062X X X X Extracts X X X X X X X X Extracts X X X X ..... ition. Petition is adjourned to 29th July, 2019. - WRIT PETITION NO. 7565 OF 2019 - - - Dated:- 15-7-2019 - M.S. SANKLECHA S.C. GUPTE, JJ. Mr. Darius B. Shroff, Senior Counsel a/w Mr. Rahul P. Jain, Mr. Ishwar Ahuja I/b HSA Advocates for the petitioner Mr. Pradeep S. Jetly a/w Mr. J.B. Mishra for the respondents P.C. 1. On 11th July, 2019 we passed the following order : . None appears for the Respondent despite service. The Petitioner seeks to challenge a Notification No.1 of 2018 dated 30th July, 2018 issued by Respondent No.1 Union of India imposing the safeguard duty on import of solar panels and solar cells. The impugned Notification No.1 of 2008 is issued under the Custo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the respondent no.1 Union of India, respondent no.2 Director General of Safeguards and respondent no.5 Director General of Systems and Data Management. This despite service. Affidavit of service filed by the petitioner is taken on record. 3. The petitioner also seeks to amend the prayer clause so as to include interim reliefs in respect of the future imports of solar panels and solar cells, pending the disposal of this petition. Besides, the petitioner seeks to add (i) Jupiter Solar Power Ltd. and (ii) Indo Solar Ltd. The two parties being indigenous manufacturers of solar panels and solar cells, at whose instance and in whose favour the impugned Notification levying safeguard duty has been issued under the Customs Tariff Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sputed that the decision of the Nagpur Bench of this Court is binding upon all the Authorities within the State of Maharashtra. 6. We are conscious of the fact that the Nagpur Bench order dated 16th April, 2019 is in respect of only two consignments before it and not a general order for all consignments imported. However, at the ad-interim stage, it would be appropriate to follow the same. Thus, the goods covered by the two bills of entries dated 1st July, 2019 being Bills of Entry Nos. 3863778 and 3863813 be cleared on payment of 50% safeguard duty and balance 50% being secured by a bond. It is made clear that at this stage, we have not independently examined the grievance of the petitioners in view of the fact that the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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