9911796707
TMI Blog2022 (2) TMI 310X X X X Extracts X X X X X X X X Extracts X X X X ..... s the submissions made on behalf of the respondents by its learned counsel, that too on instructions from the respondents. The Provisional release order dated 03.12.2021 being ex-facie illegal and arbitrary being contrary and diametrically opposite to the earlier orders passed by this Court, the same deserves to be quashed, though no prayers are sought for in this regard in the present petition, particularly when the said order has been passed during the pendency of this petition and in the teeth of the earlier orders passed by this Court - in view of the aforesaid orders passed by this Court on 19.11.2021 and 26.11.2021, the impugned orders deserve to be quashed and the respondents are liable to release the goods forthwith in favour of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or to filing of this petition. On 19.11.2021, on instructions, learned counsel for the respondents submitted that in addition to the aforesaid sum of ₹ 1,85,21,891.40/- already paid by the petitioner to the respondents, the petitioner was liable to pay the additional amount to the respondents, which would be quantified after the petitioner provides additional details to the respondents. 4. In response thereto, learned senior counsel for the petitioner submitted that the petitioner would provide all additional details to the concerned respondents by 24.11.2021. Accordingly, the matter was directed to be re listed on 26.11.2021. The said order dated 19.11.2021 reads as under:- Sri.Jeevan J.Neeralgi, learned counsel for the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s before the next date of hearing. The said order dated 26.11.2021 passed by this Court, reads as under:- Learned counsel for the respondents submit that an amount of ₹ 1,85,21,891.40/- already paid by the petitioner fully satisfies the differential duty demand together with interest, penalty etc., made by the respondents to the petitioner and that no sum is due and payable apart from the aforesaid amount already paid by the petitioner. The said submission is placed on record. Learned counsel for the petitioner submits that he voluntarily deposited the aforesaid amount to the respondents and not under protest. In view of the aforesaid submissions, the respondents are directed to release the goods in favour of the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as well as the submissions made on behalf of the respondents by its learned counsel, that too on instructions from the respondents. 12. Under these circumstances, I am of the considered opinion that the Provisional release order dated 03.12.2021 being ex-facie illegal and arbitrary being contrary and diametrically opposite to the earlier orders passed by this Court, the same deserves to be quashed, though no prayers are sought for in this regard in the present petition, particularly when the said order has been passed during the pendency of this petition and in the teeth of the earlier orders passed by this Court. 13. Insofar as the reliefs sought for by the petitioner in the petition is concerned, in view of the aforesaid orders pas ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
