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2016 (4) TMI 231 - HC - CustomsSeeking alternate remedy - against order of the Commissioner granting provisional release of goods - Onerous conditions imposed by the respondents - Held that:- as was noticed in Spirotech Heat Exchangers Pvt. Ltd. v. Union of India [2016 (3) TMI 37 - DELHI HIGH COURT], since the Respondent does not appear to be inclined to follow the aforementioned orders and the binding order of the Supreme Court, and are compelling exporters and importers to approach this Court every time for relaxation of the conditions imposed for the provisional release of goods, relegating the Petitioner to a statutory remedy would not be efficacious. Consequently, the conditions imposed in the order dated 11th March, 2016 passed by the Commissioner of Customs (Export) are modified and the Court directs the provisional release of the goods in favour of the Petitioner subject to the Petitioner executing a bond in the sum equivalent to 100% of the re-determined value of the goods and furnishing security in the form of bank guarantee for a sum equivalent to 30% of the differential duty, with an auto renewal clause and as per RBI guidelines. - Petition disposed of
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