9911796707
TMI Blog1992 (10) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... uck bearing Registration No. MHT-2304 which was seized by the Superintendent of Customs, Vapi on 1-2-1969. Alternatively it is prayed that the respondents be directed to pay an amount of Rs. 60,882.28 ps with interest at the rate of 18% and an amount of Rs. 2,52,000/- being the loss of reasonable earnings during the last 21 years, the period during which the truck was seized and kept in possession ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ordered imposition of personal penalty of Rs. 7,500/-. The Collector gave option to the petitioner to redeem the confiscated truck on payment of redemption fine of Rs. 15,000/-. 3.The petitioner's appeal against the order of confiscation of the truck and imposition of penalty was rejected by the Central Board of Excise and Customs. Against this order the petitioner preferred revision applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to the petitioner. The order of confiscation of the truck has also been set aside, and CEGAT directed that if fine is paid, the same be refunded to the petitioner. After the judgment of CEGAT the petitioner approached the appropriate authority of the department for return of the truck. Since he had not received any satisfactory reply he has filed this petition on February 24, 1990 for the praye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, and further concedes that having regard to the overall facts and circumstances of the case the petitioner would be satisfied if the aforesaid amount is ordered to be returned together with appropriate rate of interest as may be determined by the Court till the date of payment of the amount. 6.In view of the aforesaid concession made by the learned counsel for the petitioner, we do not think i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terest at the rate of 11% would be just and proper in the facts and circumstances of the case. 8.In the result the petition is partly allowed, having regard to the special facts and circumstances of the case, respondents are directed to pay the amount of Rs. 28,700/- (Rupees twenty eight thousand seven hundred) with interest at the rate of 11% per annum from May 1, 1976 till the date of payment. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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