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Shah Nanji Nagsi Exports Pvt. Ltd. Versus Joint Directorate General of Foreign Trade And Others

2016 (9) TMI 1091 - BOMBAY HIGH COURT

Stay of interim order for a period of four weeks so as to enable the petitioner to challenge the order passed in higher court - encashment of Bank Guarantee - imported corn - entitlement to petitioner of equitable and discretionary interim relief - H .....

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k by the authorities. The Government and such competent authorities can encash the bank guarantee - stay of interim order rejected - petition dismissed - decided against petitioner. - Writ Petition No. 4838 of 2016 - Dated:- 14-9-2016 - S. C. Dharmad .....

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harma for the respondent ORDER P. C. We have heard both sides and perused the affidavit in reply and rejoinder. Since prima facie some arguable questions are raised, we proceed to admit the writ petition. Hence, Rule. Respondents waive service. 2) We .....

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plicable for this is not an issue regarding payment of taxes. Therefore, the ad-interim order be continued and should remain operative till the hearing and final disposal of the writ petition. 4) On the other hand, it is submitted that there is an or .....

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r import of Maze. Prima facie, they were issued with actual user condition. They were aware of this condition. The finding is that the petitioner company not only created certain false documents to show transportation and processing of corn, but also .....

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ual user condition is challenged. Prima facie, the authorities under the Act would not have considered the legality and validity of imposition of a condition. Their findings are that given such a condition, the same was binding on the petitioner. Tha .....

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a bank guarantee and instead of making payment of the penalty, we direct that it would be open for the authorities to encash the bank guarantee, but subject to the final orders that would be passed in the petition. If the writ petition succeeds, the .....

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