9911796707
TMI Blog1993 (8) TMI 73X X X X Extracts X X X X X X X X Extracts X X X X ..... roof Nylon Umbrella cloth from Japan by the petitioners under an Import Replenishment Licence No. 0458985 dated 17-10-1981 issued in favour of M/s. Jayantilal Mangalji Mehta who were at the material time an Export House. The licence holders on 23-11-1981 executed in favour of the petitioners a letter of authority authorising the petitioners, inter alia, to import goods covered by the said licence, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce. The Assistant Collector of Customs declined to grant clearance on the ground that the goods imported were not covered by the said Import Licence. Order of the Deputy Collector of Customs is dated 6-3-1984. The Deputy Collector confiscated the goods but gave an option to the petitioners to pay a fine of Rs. 26,800/- in lieu of confiscation and clear the goods for home consumption. The petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ugh 9 years have gone by since the order was passed by the Collector of Customs (Appeals). In these circumstances, the order of the Collector is binding on the respondents. 3. The present petition is concerned with further consignments of waterproof Nylon Umbrella Cloth which were imported by the petitioners against the same Import Licence. These consignments arrived in Bombay in June, 1984. In t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of the Customs Act, 1962 and why penal action should not be taken against the petitioners. These notices are challenged by the petitioners in the present Writ Petition. As a result of an interim order which has been passed in this petition, the petitioners have been permitted to clear the goods as set out in the said interim order on giving a personal bond but without any Bank Guarantee. 4. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... self an objectionable phrase - and is the subject matter of an appeal can furnish no ground for not following it unless its operation has been suspended by a competent Court. In view of these observations of the Supreme Court, the respondents were bound to give effect to the order of the Collector of Customs dated 5-7-1984. 5. In the premises, rule is made absolute in terms of prayer (a). The bon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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