TMI Blog2007 (3) TMI 247X X X X Extracts X X X X X X X X Extracts X X X X ..... before the Board of Industrial & Financial Reconstruction (BIFR) – in view of precedents on the issue, impugned order could not be sustained and it deserves to be set-aside and is hereby set-aside. Accordingly, this writ petition is allowed - 1802 of 2007 - - - Dated:- 22-3-2007 - S.K. Seth J. [Order] - This petition is directed against the order dated 12.2.2007 passed by the Customs, Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceedings are pending before the Board of Industrial Financial Reconstruction (BIFR). Placing reliance on the decision of Supreme Court reported in 2003(154) ELT 3471 (Supreme Court) : Mehsana Dist. Co-op. Milk P.U. Ltd. v. Union of India and 1998 (103) ELT 5 (Supreme Court) : Sangfroid Remedies Ltd. v. Union of India, learned senior counsel for petitioner submitted that the order impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. There is no dispute that an appeal is pending against the order passed in W.P. No. 3141/2006, therefore, in the opinion of this Court, the order passed in the said W.P. No. 3141/2006 would not come to the rescue of the respondents. In the light of the decisions of Supreme Court in Mehsana Dist. Co-op. Milk, P.U. Ltd. and Sangfroid Remedies Ltd. (Supra), I am of the view that the o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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