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TMI Blog2020 (1) TMI 514X X X X Extracts X X X X X X X X Extracts X X X X ..... RDER (PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) 1. By this writ application under Article 226 of the Constitution of India, the writ applicants have prayed for the following reliefs; "(a) Certiorari quashing the MOV-11 (Order passed in lieu of Section 130 dated 31.07.2019 (Annexure No.6 to the writ petition) (b) Mandamus directing the respondent No.3 to forthwith release the goods and vehic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he matter is taken up for hearing, the learned AGP makes a statement after obtaining necessary instructions from the officer concerned that the impugned order passed under Section 130 of the Act dated 31st July, 2019 shall be recalled and fresh proceedings shall be initiated in accordance with law and a fresh order shall be passed after giving an opportunity of hearing to the writ applicants, keep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he conveyance shall be released forthwith subject to the final outcome of the confiscation proceedings. 7. We clarify that the amount of Rs. 4,02,500/- towards the tax and penalty has been determined while passing the order of confiscation under Section 130. Let this amount be deposited by the writ applicants, and subject to deposit, there shall be release of the goods and the conveyance. 8. Wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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