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2022 (2) TMI 310 - HC - CustomsProvisional release of goods - alleged misclassification of the Product - HELD THAT:- the entire amount claimed by the respondents had already been paid by the petitioner voluntarily and not under protest - A perusal of the order styled as Provisional release order dated 03.12.2021 would clearly indicates that the same travels well beyond and letter and spirit of the earlier orders passed by this Court as well as the submissions made on behalf of the respondents by its learned counsel, that too on instructions from the respondents. The Provisional release order dated 03.12.2021 being ex-facie illegal and arbitrary being contrary and diametrically opposite to the earlier orders passed by this Court, the same deserves to be quashed, though no prayers are sought for in this regard in the present petition, particularly when the said order has been passed during the pendency of this petition and in the teeth of the earlier orders passed by this Court - in view of the aforesaid orders passed by this Court on 19.11.2021 and 26.11.2021, the impugned orders deserve to be quashed and the respondents are liable to release the goods forthwith in favour of the petitioner without any further delay and close the proceedings as well as other consequential proceedings pursuant to the impugned orders in terms of the aforesaid earlier orders passed by this Court. The petition is hereby allowed.
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