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2016 (9) TMI 1091 - BOMBAY HIGH COURT

2016 (9) TMI 1091 - BOMBAY HIGH COURT - 2016 (340) E.L.T. 168 (Bom.) - 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 - Held that: - When the encashment is by the authorities under the Foreign Trade Act, 1992 and the Central Government, no reason seen for the apprehension on the part of the petition .....

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or the petitioner Mr. M. S. Bharadwaj with Mr. V. P. Verma, Mr. Vivek Sharma 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 have heard both sides on the point of interim relief. 3) Mr. Nankani appearing for the petitioner would submit that this is a case of imposition of penalty. The settled principle .....

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gned order, have clarified that the petitioner obtained two licences for 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 sold the imported corn. In the further portion of the impugned order, there is a clear finding that the petitioner company had a malafide intention and indulged in this act throu .....

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