TMI Blog2016 (4) TMI 231X X X X Extracts X X X X X X X X Extracts X X X X ..... ], since the Respondent does not appear to be inclined to follow the aforementioned orders and the binding order of the Supreme Court, and are compelling exporters and importers to approach this Court every time for relaxation of the conditions imposed for the provisional release of goods, relegating the Petitioner to a statutory remedy would not be efficacious. Consequently, the conditions impose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Senior Standing counsel accepts notice. 2. The short question that arises in this writ petition is whether the conditions imposed by the order dated 11th March, 2016 by the Commissioner of Customs (Export) for provisional release of the goods in favour of the Petitioner is onerous. 3. Three conditions for provisional release as stipulated in the above order are (a) Execution of bond for a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vt. Ltd. v. Commissioner of Customs, ICD, TDD, New Delhi (2011) 267 ELT 483 (Del), the Court in that case had modified the conditions imposed for provisional release of the goods. 5. In the present case, a preliminary objection has been raised by the Respondent that the Petitioner has an alternative remedy of an appeal against the order of the Commissioner granting provisional release of the go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the re-determined value of the goods and furnishing security in the form of bank guarantee for a sum equivalent to 30% of the differential duty, with an auto renewal clause and as per RBI guidelines. 7. All the rights and contentions of the parties are left open to be raised and decided in the adjudication proceedings. 8. The writ petition is disposed of with the above terms. Order dasti un ..... X X X X Extracts X X X X X X X X Extracts X X X X
|