TMI Blog2007 (8) TMI 236X X X X Extracts X X X X X X X X Extracts X X X X ..... of appellant - Writ Petition 1065 of 2007 - - - Dated:- 2-8-2007 - F.I. Rebello and J.P. Devadhar, JJ. [Order per]. P.C.: - Rule. Heard forthwith. The petitioners were successful bidder in an auction for disposal of the imported goods of Respondent No.5 by Respondent Nos. 1 and 2. One of the terms of sale was that the sale had to be confirmed by respondent No.3 within 20 days failing whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istant Commissioner of Customs that in the meantime the duty payable has been assessed at Rs.18,80,386.98 paise. 4. On the other hand on behalf of the petitioners their learned Counsel draws our attention to the judgment of the Supreme Court in Yogesh Kalidas Shah vs. Union of India, 1993 (64) E.L.T. 162 (S.C.) to contend that they are entitled to claim solatium at the rate of 10% and in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Nos. 1 and 2 to confirm the sale in favour of the petitioners herein. (iii) In so far as the issue of solatium is concerned, we find that in the case of Y.K. Shah vs. Union of India (supra) the Supreme Court had been pleased to award solatium as the first sale was confirmed when the second sale was set aside. Those facts cannot be applied to this case. Hence the question of granting solatium ..... X X X X Extracts X X X X X X X X Extracts X X X X
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