Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2010 (6) TMI 899

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... al Respondents : R.V. Desai, senior counsel with R.B. Pardeshi. For the Respondents Original Petitioners : V. Sridharan i/b. PDS Legal. For Original Respondent No. 5 : Ms. Sony Bhatt i/b. M.K. Ambalal Co. ORDER P.C. : Perused civil applications. Heard learned counsel for the rival parties. 2. The Director General Safeguards, the original respondent No.1 has taken o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... port goods covered by the notification under challenge with further order directing the respondents to release the goods after taking usual bond but without bank guarantee. This order was passed subject to any Rules that were to be framed by the respondents in future. In the event of such Rules, applicants were granted liberty to move for modification of the interim orders. Accordingly, those civi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... , appeals, offences and penalties, as far as may be including its applicability to the duty chargeable were made applicable in relation to duties leviable under the Safeguards Act. Mr. Desai, thus, submits that on the date when interim orders were passed in the writ petitions, i.e. 8th May, 2009, the aforesaid amended provision was not on the statute book as such, in view of subsequent legislative .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ers. 8. On this backdrop, considering the parameters for the grant of interim relief, we find that the issue sought to be raised in the petitions needs consideration. The petitioners have made out prima facie case. The interim orders are already operating in their favour since May, 2009. In our considered view, ends of justice would be met by directing the petitioners to furnish additional secu .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates