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2015 (9) TMI 340 - MADRAS HIGH COURTCancellation of LEO grant – Furnishing of bank guarantee – Second respondent cancelled LEO granted to petitioner, thereby, petitioner was prevented from exporting river sand to Maldives – Single Judge passed order of interim direction by which, petitioner was directed to furnish Bank Guarantee for value of entire sand, which has been loaded in vessel and direction was issued to 1st and 2nd respondents to issue necessary sail order to Vessel subject to furnishing Bank Guarantee – Held that:- Admittedly petitioner complied with order and has furnished Bank Guarantee – Export of quantity of 3,750 MT of river sand has already been completed – Therefore there is no necessity to pass any orders since export has already been completed subject to certain conditions, which was not questioned by Customs Department – No further order is required to be passed – Petition closed. Selling of unshipped quantity of goods – Petitioner challenges order passed by 2nd respondent to sell unshipped quantity of 250 MT of River sand – If second respondent is of opinion that sand, which was sought to be exported and presently lying in Karaikal Port premises has been quarried elsewhere other than Karaikal, that should have been ascertained after proper adjudication into matter for which purpose, petitioner should have been afforded opportunity – Since this procedure having not been followed, prima facie conclusion arrived at by 2nd respondent have to be faulted – However, in order to safeguard interest of Revenue, Court inclined to issue directions without setting aside impugned proceedings – Petition disposed of.
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