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2022 (1) TMI 1409 - AT - CustomsRequest to put on hold the re-export of gold of the applicant - HELD THAT:- After the matter was reserved for orders on 07.12.2021 and the said letter was filed by the learned Counsel for the appellant, the Departmental Representative also sent a letter dated 13.12.2021 including additional submissions received from Air Cargo (Export), New Delhi vide their letters dated 12.12.2021 and 13.12.2021. A perusal of those documents shows that the ownership of subject goods were a matter of dispute before the Dept Recovery Appellate Tribunal according to which the goods do not belong to the appellant at all and they belong to M/s Vee ESS Jewellers (to whom the appellant had exported the goods but who has not cleared them from customs) and that M/s Vee Ess Jewellers have hypothecated them to State Bank of India. Along with these documents vide the aforesaid letter Authorised Representative has also submitted that “allowing the re-export will frustrate the claims of the contending parties on the title of the goods”. It is deemed appropriate that before for pronouncing the orders with respect to the compliance of the above mentioned final order and the miscellaneous order, the aforesaid two letters submitted by Departmental Representative, and the letter given in the record cases should be shared with the other side - learned Authorised Representative and learned counsel are directed to provide the aforesaid letters to the opposite side - matter thereafter be re-heard and compliance matter on 4th April, 2022.
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