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TMI Blog2009 (1) TMI 285X X X X Extracts X X X X X X X X Extracts X X X X ..... e divergent opinion expressed by the expert bodies and the fact that even according to the Sriram Institute for Industrial Research, the duty would be ₹ 56,76,841/-, the Court is of opinion that if the petitioner desires to have the goods released on provisional basis, the said entire amount should be deposited. Additionally to cover the differential, if any, which may be the result of an adjudication order after considering all relevant materials, ends of justice would be served if the bank guarantee furnished for ₹ 11,73,710/- is retained till the issuance of the final adjudicating order. - 8356 of 2008 - - - Dated:- 7-1-2009 - S. Ravindra Bhat, J. [Order]. - Issue Rule : Mr. Mukesh Anand, Advocate waives notice of r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 20-10-2008. The petitioner avers to have written to the respondents on various dates including on 31-10-2008 intimating that it had already deposited a sum of Rs. 39,57,742/- and also furnished indemnity bond for Rs. 78,24,728/- and a bank guarantee to the extent of 15% of the customs duty. 4. In the circumstances, the petitioner contends that the conditions imposed for release of the goods on provisional basis are extremely onerous and harsh. According to the petitioner, goods are of a seasonal character meant to be used as lining for woolen fabric and would be useful in winter. It is contended by the petitioner in its amended pleadings that subsequent to the filing of the proceedings, the reports of the two bodies i.e. Sriram Institute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting to an amount of Rs. 50,000,00/- and that having regard to the nature of the goods, this Court should pass appropriate orders for re-testing. 7. The above factual sequence would show that the goods were tested by two Institutions. It is not disputed that both Institutions are sponsored by the Government and, therefore, reputed. The justification for demanding a higher amount from the petitioner by the respondents is that the second Textile Committee's report is based on 9 samples. It was also contended by Mr. Anand, Advocate that the petitioner should, in view of these facts, deposit the entire amount demanded on the basis of the Textile Committee's report and give appropriate indemnity bond as well as bank guarantee, which would cove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to have the opinion within six weeks from today. 10. In view of the divergent opinion expressed by the expert bodies and the fact that even according to the Sriram Institute for Industrial Research, the duty would be Rs. 56,76,841/-, the Court is of opinion that if the petitioner desires to have the goods released on provisional basis, the said entire amount should be deposited. Additionally to cover the differential, if any, which may be the result of an adjudication order after considering all relevant materials, ends of justice would be served if the bank guarantee furnished for Rs. 11,73,710/- is retained till the issuance of the final adjudicating order. In addition the petitioner shall file an undertaking within two weeks from to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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