TMI Blog2015 (11) TMI 1152X X X X Extracts X X X X X X X X Extracts X X X X ..... a writ petition for the release of the goods which is also scheduled to come up on 21st September 2015. - Appeal disposed of. - Application C/MA(Ors)/94275/15-Mum in appeal C/85169/15-Mum - - - Dated:- 11-9-2015 - Mr. P.K. Jain, Member (Technical) For the Petitioner : Mr. Prasad Paranjape, Advocate For the Respondent : Mr. Shri Rakesh Goyal, Additional Commissioner, and Shri M.K. Mall, Assistant Commissioner (AR) ORDER Brief facts in connection with this application are that this Tribunal vide order No. A/1807/15/SMB dated 26.6.2015 has allowed the appeal filed by the appellant and the customs authority was directed to release the goods to the appellant forthwith, imported under bill of entry No. 6321863 dated 2.8.201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rse left is to initiate contempt proceedings. It was also submitted by the learned counsel that they have also filed a writ petition No. 24839/2015 in the Hon ble Bombay High Court, which is schedule to come up on 21st September 2015. 4. Learned Additional Commissioner, Shri Rakesh Goyal from the Custom House, is present. He submitted that in this case, the early hearing application was listed for hearing on 30th March 2015 but was adjourned at the request of the advocate of the applicant, to 24th April 2015. On 24th April 2015, the early hearing application was allowed by the Tribunal and it was decided to hear the case on 28th April 2015. The case was heard at length on 28th April 2015. However, the order was not pronounced but was res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion as also the appeal was filed on 21st August 2015 having lodging No. 107 of 2015 and notice of motion having lodging No.2295 of 2015. He further submitted that the said appeal and stay application are yet to be decided by the Hon ble Bombay High Court. It was also submitted by the learned Additional Commissioner that as per Section 130 of the Customs Act, 1962, the Commissioner can file an appeal to the High Court within 180 days of the receipt of the CESTAT order. However, in the present case, the same has been done within eight days of receiving the order. It was also submitted that if the goods are released, the stay petition filed before the Hon ble Bombay High Court will become infructuous. It was also submitted that there was no p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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