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2024 (2) TMI 517 - BOMBAY HIGH COURTSeeking release of seized Gold - Smuggling - foreign marked gold bars - SCN did not consider the e-mail issued by the Petitioner informing Respondent Nos. 1 & 2 that it was the owner of the said gold - HELD THAT:- The request made by the learned Counsel for the Petitioner is reasonable and, therefore, Respondent Nos. 1 & 2 would have to be directed to decide the representations made by the Petitioner within a period of six months from the date of intimation of this Order, without being influenced by the Order-in-Original dated 13th January, 2023. As requested by the learned Counsel for the Petitioner, till a decision is taken in respect of the representations of the Petitioner, status-quo should be maintained in respect of the said gold. Further, in the event of the Petitioner succeeding in proving its case, the Respondents will have to be directed to restore to the Petitioner the said gold or equivalent amount of gold or to compensate the Petitioner by making payment of an amount equivalent to the market value of the said gold as on date. Respondent No. 1 is directed to consider the representations made by the Petitioner by its letters dated 19th June, 2019, 13th September, 2019, 19th December, 2019, 3rd January, 2020 and 24th October, 2020 and take a decision in respect of the same within a period of six months from the date of intimation of this Order, after giving a personal hearing to the Petitioner, and without being influenced by the Order-in-Original dated 13th January, 2023 - Petition disposed off.
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