TMI Blog2017 (7) TMI 834X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 22.12.2016 and 25.1.2017 - petition allowed - decided partly in favor of petitioner. - Writ Petition Nos. 7429 & 7430 of 2017 & WMP. Nos. 8084 & 8085 of 2017 - - - Dated:- 18-7-2017 - T. S. Sivagnanam, J. For the Petitioners : Ms.V.Pramila For the Respondents : Mr.T.Pramod Kumar Chopda ORDER Heard the learned counsel for the petitioners and the learned Senior Standing Counsel for the Department. 2. The writ petitioners seek for a direction to the respondents to release the goods covered by shipping bill Nos.1415092 and 1415135 respectively, both dated 03.10.2016, forthwith for export. 3. The petitioners seek appropriate directions, so that the goods can be exported and in that regard, reliance was placed on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shipping bills and other connected documents are hereby forwarded to you for taking further action. Further, additional bond may also be taken from the exporters that they shall not claim the benefits of Chapter 3 of Foreign Trade Policy (copy enclosed). 5. Thus, the petitioners did not have any objection with regard to Clauses 6(ii) and (iii), 7 and 8, but were aggrieved by Clause 6(i) where the Commissioner directed the provisional release subject to payment of appropriate export duty. This Court tested the correctness of the submissions of those petitioners and passed an order on 22.12.2016 by directing the provisional release of the subject goods by relaxing the rigor of the condition contained in Clause 6(i) of the order dated 23 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt that they would be requiring security towards fine and penalty in the form of bank guarantee. 7. Therefore, that part of the order dated 10.1.2017 requiring furnishing of security in the form of bank guarantee was directed to be stayed. Further, the communication requiring the petitioners therein to describe the subject goods as 'unfinished goods' was also stayed and the respondents were also directed to release the goods forthwith upon fulfillment of the conditions stipulated in the order dated 22.12.2016. Subsequently, the matter was listed for reporting compliance and by order dated 30.1.2017, the writ petitions were closed. 8. The learned counsel for the petitioners would submit that the petitioners' case is no diff ..... X X X X Extracts X X X X X X X X Extracts X X X X
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