TMI Blog1987 (6) TMI 62X X X X Extracts X X X X X X X X Extracts X X X X ..... February, 1975. The consignment was unloaded on 21st February, 1975. On 3rd April, 1975, the petitioners paid the Customs duty on the entire consignment. 2. The said consignment consisted of three cases of various components. After they paid the duty on the same day i.e. on 3rd April, 1975 the Clearing Agents of the petitioners suspected that one of the cases was damaged and some of the content ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a on 12th May, 1975. There is a report in respect of the survey carried out at Vatva, which is dated 3rd July, 1975, and which is at Exhibit 'B' to the petition. That report clearly confirmed that certain packages were missing. It appears that thereafter the petitioners claimed their dues from the Insurance Company on the basis of this loss. They have also thereafter applied to the Government for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... carried out at Vatva on 12th May, 1975 is of no consequence. It was, in fact, argued before the Government that the petitioners should obtain the refund in equity at least. The Government did not consider the said submission. 3. Mr. C.M. Korde appearing for the petitioners submitted that it is clear that on 4th April, 1975 there was shortage and that was before the goods were cleared from the do ..... X X X X Extracts X X X X X X X X Extracts X X X X
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