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TMI Blog2025 (3) TMI 136X X X X Extracts X X X X X X X X Extracts X X X X ..... al facts which would disentitle a litigant from discretionary remedy under Article 226 of the Constitution. Thus, a Petitioner who approaches the Court with unclean hands by suppressing litigation and his involvement therein is disqualified from seeking discretionary relief under Article 226 of the Constitution. On a query from the Court as to why the copy of the authority letter and the fact that the authorized representative had received the order, was not stated in the petition, it is submitted that the authority letter has been cancelled, however, no copy is being placed on record. Also no convincting answer is forthcoming - The receipt of the Order in Original by the said authorised representative has been placed on record by the Res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the details of the detained goods: "(i) Four Gold Chains Purity 587 Weight 65 gm (ii) Two gold rings Purity 587 Weight 06 gm (iii) One pair and three gold earrings Purity 616 Weight 29 gm (iv) Two gold bracelet purity 586 Weight 12 gm" 4. It is the case of the Petitioner that after the detention receipt bearing DR No. DR/INDEL4/26.04.2024/52613 was issued, he did not receive any communication relating to show cause notice or any order which has been passed against him. It is claimed that representations were made by him repeatedly; however, no reply has been received. 5. On behalf of the Respondent-Department, Order in Original dated 2nd July, 2024 has been placed on record. According to the said order, the Petitioner had be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any regulatory clearances/ approvals required. The offer of redemption, if accepted, shall be subject to condition that the Pax shall not dispute the identity and valuation of the detained goods. The offer of redemption shall cease after 'One Hundred Twenty Days' from date of the receipt of this order; v) I also impose a penalty of Rs. 47,000/- (Rupees Forty Seven Thousand Only) on the passenger Gayrat Djabarov under Section 112(a) & 112(b) of the Customs Act, 1962." 6. In addition, it is submitted by ld. Counsel for the Respondent-Department that the Petitioner is guilty of concealing material facts. It is submitted that he had in fact appointed one Mr. Rishabh Atri as an authorised representative. An authorization letter along with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rties which cannot be countenanced. *********** ************** ************* 16. It is necessary for us to state here that in order to check multiplicity of proceedings pertaining to the same subject-matter and more importantly to stop the menace of soliciting inconsistent orders through different judicial forums by suppressing material facts either by remaining silent or by making misleading statements in the pleadings in order to escape the liability of making a false statement, we are of the view that the parties have to disclose the details of all legal proceedings and litigations either past or present concerning any part of the subject-matter of dispute which is within their knowledge. In case, according to the parties to the disp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with law. 11. At this stage, ld. Counsel for the Petitioner submits that the Petitioner is willing to pay the fine which is being imposed in the Order in Original for release of the goods fine and penalty. 12. In view thereof, since the order has itself permitted the Petitioner to redeem the goods subject to the payment of a fine of Rs. 58,000/- and a penalty of Rs. 47,000/-, let the Petitioner deposit the same with the Customs Department within a period of four weeks from the date of release of this order. 13. Upon the said deposit being made, the goods shall be released to the Petitioner or his authorised representative after confirming their identity. The Petitioner shall send a specific email confirming his personal presence or the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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