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TMI Blog2024 (8) TMI 988X X X X Extracts X X X X X X X X Extracts X X X X ..... e amount of the penalty by bank guarantee, the Coordinate Bench of this Court had also granted the petitioner, the liberty to file the appeal. It is further noticed that the petitioner by making payment of Rs.10 lakhs, and by securing the balance amount though bank guarantee and by execution of bond had also got the goods released. The moment the petitioner had made the aforesaid payment of Rs.10 lakhs and caused the bank guarantee to be executed in terms of the order dated 10th August 2023, the right of the petitioner to prefer an appeal crystallized into a full-fledged right which can neither be taken away nor can the respondents call upon the petitioner to make payment of any additional amount in terms of the proviso to Section 107(6) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 10th August 2023 passed in WPA 15591 of 2023 submits that although, the earlier writ petition was filed challenging the order dated 26th May 2023 passed under Section 129(3) of the said Act, however, this Court was, inter alia, pleased to dispose of the writ petition by granting liberty to the petitioner to challenge the said order before the appellate authority, provided the petitioner makes payment of a sum of Rs.10 lakhs within a period of 10 days and file proof of such payment along with the bank guarantee for the balance amount of penalty in question. 4. Ms. Mukherjee, further by drawing attention of this Court to the bank guarantee at page 62 of the writ petition submits that the petitioner had since secured the entire amount of p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er to make payment of Rs.10 lakhs, and the balance amount of the penalty by bank guarantee, the Coordinate Bench of this Court had also granted the petitioner, the liberty to file the appeal. It is further noticed that the petitioner by making payment of Rs.10 lakhs, and by securing the balance amount though bank guarantee and by execution of bond had also got the goods released. In my view the moment the petitioner had made the aforesaid payment of Rs.10 lakhs and caused the bank guarantee to be executed in terms of the order dated 10th August 2023, the right of the petitioner to prefer an appeal crystallized into a full-fledged right which can neither be taken away nor can the respondents call upon the petitioner to make payment of any ad ..... X X X X Extracts X X X X X X X X Extracts X X X X
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