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2010 (3) TMI 662

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..... The Court There will be an order in terms of prayer (a) of the petition. 2. Instead of disposing of the application we propose to here out the appeal itself by treating the same as on days list. 3. This appeal is directed against an ad interim order passed by a learned Trial Judge on 8th March, 2010 whereby and whereunder the interim order was not granted. According to Mr. Baneijee the interim .....

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..... Government, to the extent of the amount received so that the revenue would be protected. 4. While considering his prayer we are of the view this importers are not made parties in the writ petition nor in the appeal. If any order is passed as suggested or as prayed for, the persons not before us would certainly be affected. Therefore, we think that the learned Trial Judge on that date was justifie .....

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..... cumstances we ask the department concerned to supply the names of the importer who have already taken benefits of exemption in terms of the notification to the Advocate on record of Mr. Banerjee and on receipt of the same his client would be entitled to approach the learned Trial Judge, as may be advised. It seems to us that the subject matter of the writ petition is such that it has got some exte .....

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..... of such importer to the Advocate on record) of the Appellant. Such information may be given with interval of one month from date of communication of this order or till the disposal of the writ petition whichever is earlier. However, after the advertisement is over and on receipt of the names of the importer it would be open for. Mr. Baneulee's client to approach the Hon'ble Trial Judge for furth .....

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