TMI Blog1997 (5) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... appeared even though they were called upon to file an affidavit in opposition to this application. They have neither filed any affidavit in opposition despite several opportunities given to them, nor appeared before this Court to contest this application. On three earlier occasions the matter was taken up for consideration but each time, practically after the hearing had been concluded, someone o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, seized the goods and kept the same in the Warehouse. The petitioner states that an amount of Rs. 5,64,377.31.00 (sic) has been paid by him as Customs Duty for the import of the goods and further a sum of Rs. 2,492/- as interest was calculated up to 9-1-1990. The petitioner's contention is that the same goods i.e., Glycerine imported by others similarly placed have been released by the Customs D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner shall pay the Warehousing charges till the date of release of the goods. The payment made in respect of Warehousing charges by the petitioner shall be subject to the final outcome of the Writ application and shall also be without prejudice to the rights and contentions of the parties with regard to the petitioner's ultimate liability for payment of these charges. (2) The goods shall be rele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall ensure that before the goods are released in favour of the petitioner, they will draw samples from the goods for being tested in the National Test House, Alipore, Calcutta, to find out whether the goods conform to the documents for import and whether the goods suffered any quality deterioration or not. The report of the test so conducted, will be produced before this Court in due course. If ..... X X X X Extracts X X X X X X X X Extracts X X X X
|