9911796707
TMI Blog2023 (6) TMI 1262X X X X Extracts X X X X X X X X Extracts X X X X ..... ovisional release are already pending before the Tribunal, and as the present proceedings are pending, the said appeal was not being heard - the Tribunal is requested to take up the appeal and decide the same as expeditiously as possible and within a period of three months from today. Petition disposed off. - WRIT PETITION NO.3788 OF 2021 - - - Dated:- 27-6-2023 - G. S. KULKARNI, JITENDRA JAIN, JJ. For the Petitioner : Mr. Prakash Shah a/w. Mr. Suyog Bhave i/by M/s. PDS Legal. For the Respondent Nos. 1, 4 and 5: Mr. Jitendra Mishra a/w Ms. Sangeeta Yadav. Mr. J. B. Mishra a/w. Mr. Ram Ochani for Respondent Nos. 3, 6 and 7. P.C. 1. We have heard Mr. Shah, learned counsel for the Petitioner, Mr. Jitendra Mishra, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ES); (iii) To remove suspension of IGST Refund totally amounting to Rs. 11,21,81,858/- for the months of April 2021 and June 2021; and (iv) To register MEIS (merchandise Exports from India Scheme) Duty Credit Scrip issued by the DGFT totally amounting to Rs. 4,38,54,848/- with the Mumbai Air Cargo Customs. (c) That pending the hearing and final disposal of the above Petition, this Hon ble Court be pleased to, by an interim order and injunction of this Hon ble Court: (i) Direct the Respondents to release the impugned goods seized and grant waiver of execution of Bond/security in the interim, which would be subject to outcome of this writ petition, or to pass any other Order(s) as this Hon ble Court may deem ft in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lls outside the said show cause notices. It is Mr. Shah s submission that such claim of the Petitioner is required to be decided by the Respondents independent of the adjudication of show cause notices. 7. Insofar as the above factual position is concerned, Mr. Mishra would not dispute the same that the show cause notices are yet to be adjudicated. Insofar as the Petitioner s contention in regard to prayer clauses b(iii) and b(iv) are concerned, Mr. Mishra would submit that it would be appropriate that the Petitioner makes a representation/application to the concern Authority, so that the claim of the Petitioner in that regard can be decided. 8. Mr. Mishra would submit that in these circumstances, as the issues are pending considerati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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