9911796707
TMI Blog2025 (3) TMI 346X X X X Extracts X X X X X X X X Extracts X X X X ..... hrough: Mr. D S Chadha, Ms Harsimran Kaur and Ms Prabjyoti K Chadha, Advocates (M-9878563676) For the Respondent Through: Mr. Harpreet Singh, Adv. PRATHIBA M. SINGH, J. (ORAL) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed under Article 226 of the Constitution of India, seeking enforcement of the order dated 17th May, 2019 passed by a co-ordinate bench of this Court in W.P. (C) 4606/2018. 3. The Petitioner, who is a Kenyan National, had sought return of gold weighing about 3732.48 gms, which was brought by her while travelling to India. The Customs had seized the same on 05th January, 2015 at I.G.I Airport, New Delhi. The Petitioner was not served a Show Cause Notice for six months after th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned, the Court has been presented with a fait accompli, with the Respondents already having hurriedly disposed of the said gold. Mr. Satish Aggarwala on instructions states that the proceeds collected during the auction were equal to the value of the gold being an amount of Rs. 93,34,783/-. 25. The Court accordingly directs that the Respondents will refund to the Petitioner the aforementioned sum of Rs. 93,34,783/- (or the precise amount recovered by the Respondents by auction/sale proceedings) not later than 30th June 2019 failing which the Respondents will pay simple interest at 6% p.a. on the said sum for the period of delay. 26. The petition is allowed in the above terms. The application is disposed of. It will be open to the Pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terms of the order dated 17th May, 2019, would be effected within two weeks. 8. The same is opposed by the ld. Counsel for the Petitioner on the ground that the market value of the detained gold today would be substantially higher. The Petitioner has been put to unnecessary harassment and financial loss due to the actions of the Department. 9. The chronology of events narrated above would show that there can be no justification for the long delay in non-payment by the Department, especially after the SLP(C) 14603/2019 was disposed way back on 29th July, 2024. 10. Submission made by the Mr. Harpreet Singh, ld. SSC for the Department is accepted by the Court that the amount would be paid with interest, as directed, within two weeks. 11. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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