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2019 (12) TMI 1131 - HC - CustomsProvisional release of seized goods - Fortified Refined Palm Olein Oil - case made out by the Customs Authorities is that the order was obtained by suppression of material facts that were very much relevant to the case - time limitation - 2nd Proviso to Section 110(2) of Customs Act - HELD THAT:- There is a clear case of suppression of material facts by the petitioner. In the light of the same, the order passed is hereby recalled. The petitioner is further saddled with costs of ₹ 50,000/- for having obtained the order from this Court by the above suppression of material facts. It is trite law that when a petitioner approaches the special jurisdiction of this Court seeking a Writ of Mandamus, the Court expects that the petitioner has come with clean hands and relying on the principle of uberrima fides, the Court passes orders at an interim stage. On coming to light of the suppression, it is the duty of the Court to recall its order and also impose costs upon the petitioner for such an act. Application for modification allowed.
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