TMI Blog1993 (8) TMI 73X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, establish letters of credit and remit funds and clear the goo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rance 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 petitioners preferred an appeal to the Collector of Customs (Appeals) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llector 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 the second week of July, 1984 the petitioners filed a Bill of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 respondents are bound by the decision of the Collector of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 bond or bonds furnished by the petitioners pursuant to the in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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