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2018 (9) TMI 1707 - HC - CustomsDirection to comply with CESTAT order - provisional release of goods - Statutory right of filing an appeal sought to be curtailed - Held that:- Mandamus cannot be issued to curtail the statutory right of the respondents, in preferring an appeal under the provisions of the Customs Act. But at the same time, considering the lis between the parties, provisional release has already been directed to be made, subject to certain conditions. Petitioner has a right to seek for provisional release. Equally respondents have a right to prefer a statutory appeal. Writ appeal is disposed of with a direction to the respondents to file the statutory appeal within two weeks from today, failing which order of CESTAT, Madras, in final order No.41201 of 2018 in C/40687/2018-DB dated 13.04.2018, should be implemented.
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