9911796707
TMI Blog2022 (2) TMI 1180X X X X Extracts X X X X X X X X Extracts X X X X ..... ordingly rejected. There is no dispute that, the Writ Petition filed by the Petitioner seeking various reliefs is already admitted by this Court and is pending for hearing and final disposal. The goods in-question were seized on 27th December 2021. The goods are of perishable nature. The Assistant Commissioner of Customs himself has considered the grant of provisional release and allowed on two conditions. In so far as condition No.(a) is concerned, the Applicant has no objection to comply with the said condition. In so far as the condition No.(b) is concerned, in our view the bank guarantee insisted by the Respondents in the sum of ₹ 1,07,98,800/- can be reduced on the condition that, if the Applicant makes any claim for refund of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls all dated 17th September 2021, subject to the terms and conditions as this Court may deem fit. 2. In Writ Petition No. 7155 of 2021, the Petitioner has prayed for writ of certiorari to set-aside the detention of the goods made by D.R.I., Mumbai Zonal Unit, Mumbai, qua the goods exported by the Petitioner through 8 shipping bills all dated 17th September 2021 and further seeks to quash the summons dated 29th September 2021. 3. The Writ Petition has been admitted by this Court by Order dated 7th December 2021 and is pending for hearing and final disposal. 4. During the pendency of the Petition, the Assistant Commissioner of Customs passed an Order on 12th January 2022 thereby permitting the provisional release of the goods seized ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement between the Applicant and the Importer. 8. Interim Application No.135 of 2022 is opposed by the Intervenor, who has filed a separate Interim Application No.3417 of 2021 i.e. M/s. Golden Tobacco Limited. Learned counsel for the Intervenor invited our attention to the Order passed by the Delhi High Court in Arbitration Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, by his client against the Applicant. He submits that, there is no licence in favour of the Applicant for manufacturing the said tobacco products and thus the Applicant cannot be allowed to seek permission to export the said goods, which are subject matter of the said Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Intervenor are subject matter of the arbitration proceedings. We are thus not inclined to Applicant/Intervenor to intervene in these proceedings. Intervention Application filed by the Intervenor bearing Interim Application No. 3417 of 2021 is accordingly rejected. 11. In so far as the reliefs sought by the Applicant (Original Petitioner) is concerned, Mr. Jetly, learned Senior Counsel for the Respondents invited our attention to various averments and Affidavit-in-Reply filed in Writ Petition No. 7155 of 2021 and also in Interim Application No.135 of 2022. He submits that, the Applicant is not co-operating with the department for carrying out investigation. The next submission of the learned Senior Counsel is that, if this Court allows t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall remain pending and be kept in abeyance during the pendency of the Petition. The export which is being permitted by the said Order dated 12th January 2022 and modified by this Order, would be subject to the outcome of the Writ Petition. 13. In our view, interest of justice would be made, if we pass the following Order. Hence, following Order. (a) The Applicant is directed to execute bond of full FOB value in the sum of ₹ 5,39,93,999/- within two weeks from today. (b) In addition to the execution bond, the Applicant is directed to furnish bank guarantee in the sum of ₹ 25,00,000/- of a Nationalized Bank in the name of Principal Commissioner of Customs, Nagpur, in accordance with the Order dated 12th January 2022 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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