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TMI Blog2019 (9) TMI 1223X X X X Extracts X X X X X X X X Extracts X X X X ..... hide and seek with the Court. The statements made by Mr. Surat in his affidavit are completely belied by his statement recorded under Section 108 of the Customs Act, which is admissible in evidence. Aforesaid being the position, we are satisfied that the Petitioner has not come to this Court with clean hands. We are accordingly dismissed this writ petition with costs quantifying as ₹ 2 lacs to be deposited with the Advocates Welfare Trust Fund. Bailable warrants issued for production of Mr. Surat before this Court, since he appears to have consciously sworn a false affidavit before this Court. He shall also show cause as to why proceedings for perjury should not be initiated against him. - W.P.(C) 5769/2019 & CM. APPLs. 25113/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a. In these circumstances, we direct the petitioner to produce both Mr. Surat and Mr. Rabindra Baweja, on the next date of hearing for their examination in Court. The respondents shall keep available the statements of Mr. Surat and Mr. Rabindra Baweja as well as of CHA, on the next date. List on 23.09.2019. It is made clear that no adjournment shall be granted on the next date. 2. The order was passed on an application moved by the Respondent to seek modification in the previous order dated 13.09.2019, whereby we had directed the Respondents to examine the consignment of the Petitioner within 10 days. The Respondents had stated in their application, as noticed in our previous order, that Mr. Sur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d under Section 108 of the Customs Act. The said Mr. Surat was asked Question No. 9 with regard to the consignment imported by the Petitioner at Mundra Port, Gujarat and withholding thereof. It was asked that if he had any knowledge of the same, to which, he answered by stating that he did not know about the said import or about the withholding of the consignment at Mundra Port, Gujarat. In question No. 10, he was specifically asked with regard to the filing of the present writ petition. He responded by stating that he has not instituted the petition before this Court, but on the instructions of Mr. Rabinder Baweja, he had gone to the office of an advocate and signed certain documents of which he had no knowledge. 7. The affidavit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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