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TMI Blog2019 (12) TMI 1131X X X X Extracts X X X X X X X X Extracts X X X X ..... n - 2nd Proviso to Section 110(2) of Customs Act - HELD THAT:- There is a clear case of suppression of material facts by the petitioner. In the light of the same, the order passed is hereby recalled. The petitioner is further saddled with costs of ₹ 50,000/- for having obtained the order from this Court by the above suppression of material facts. It is trite law that when a petitioner app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) C.A.N. 12216 of 2019 is an application for modification filed by the Commissioner of Customs (Preventive), West Bengal, Kolkata. By way of this application, the Customs Authorities have sought modification of an order passed by this Court on November 27, 2019. The brief case made out by the Customs Authorities is that the order was obtained by suppression of material facts th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Customs Authorities. He, accordingly, submits on that date he had not placed these facts before this Court and the petitioner without informing the Court orally or in the writ petition, obtained the order in a surreptitious manner. Relying upon the Apex Court decision in the case of S.J.S. Business Enterprise (P) Ltd.Vs. State of Bihar Ors. reported in (2004) 7 SCC 166 and by this Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order and also impose costs upon the petitioner for such an act. Accordingly, the application for modification, being C.A.N. 12216 of 2019 is allowed. Re.: C.P.A.N. 1447 of 2019 (Contempt) C.P.A.N. 1447 of 2019 is an application for contempt filed by the petitioner. As the order dated November 27, 2019 has been recalled, no contempt lies, accordingly the contempt appl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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