9911796707
TMI Blog2015 (11) TMI 1152X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 2.8.2014, within a period of seven days from the receipt or production of a copy of the order. Thereafter the applicant submitted a letter dated 2.7.2015 addressed to the Deputy Commissioner of Customs, Nhava Sheva, enclosing copy of the CESTAT order and asking them to release the goods. However, the goods were not released and therefore the appellant filed this application before the Tribunal for taking steps or initiating contempt proceedings against the respondent for deliberate non-compliance with the clear directive passed by this Tribunal. 2. The case was earlier listed to know the position about implementation of the order, wherein on 7.8.2015, the Tribunal was informed that it has been decided to contest the order of the Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as reserved. After two months, i.e. on 26th June 2015, the order was pronounced. 4.1 On 2nd July 2015, a copy of the order was submitted by the applicant and on the basis of the copy submitted by the applicant, the matter was examined as per the official procedure in the Custom House and after examination of the CESTAT order, it was decided at the highest level that an appeal against the order of the Tribunal needs to be filed along with stay application. It was also submitted that the decision of the Division Bench of the Hon'ble High Court of Kerala in the case of Maliakkal Industrial Enterprise in WA No.617 of 2012 dated 3.6.2014 on the very same issue is against the applicant, but the said order of the Hon'ble High Court of Kerala has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prayer in Grounds of Appeal or during arguments that goods be released in seven days. No reasons have been advanced by the Tribunal for doing so. 5. I have considered the submissions made by both the sides. I find that in this case, the respondent has already filed an appeal along with stay petition before the Hon'ble High Court on 21st August 2015 immediately after receiving the certified copy of the Tribunal's order on 13th August 2015. Since the stay petition along with the appeal is pending before the Hon'ble Bombay High Court, insisting on release of the goods at this juncture will make the stay petition infructuous. In my view, the applicant may await the decision of the Hon'ble Bombay High Court. I also note that the applicant has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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