TMI Blog2018 (9) TMI 1707X X X X Extracts X X X X X X X X Extracts X X X X ..... al. Writ appeal is disposed of with a direction to the respondents to file the statutory appeal within two weeks from today, failing which order of CESTAT, Madras, in final order No.41201 of 2018 in C/40687/2018-DB dated 13.04.2018, should be implemented. - W.A.No.1645 of 2018 and CMP No.13255 of 2018 - - - Dated:- 3-8-2018 - MR.JUSTICE S.MANIKUMAR AND MR.JUSTICE SUBRAMONIUM PRASAD For the Appellant : Mr.S.Baskaran For the Respondents : Mr.G.M.Syed Nurullah Sheriff Senior Standing counsel for Customs. JUDGMENT (Order of the Court was delivered by S.MANIKUMAR, J.) CESTAT, Madras, vide Final Order No.41201 of 2018 in C/40687/2018- DB dated 13.04.2018 directed, provisional release of the goods, on the following terms. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment of the Hon'ble Apex Court held that the onerous condition laid down by the 2nd respondent and the same confirmed by the Commissioner of Customs (Appeals) cannot be sustained and accordingly while setting aside the same had directed the provisional release of the impugned goods upon compliance of the modified condition without any undue delay, the goods of which are covered under Bill of Entry Nos.3510385 and 3510423 both dated 16.10.2017. 4. Before the writ Court, learned senior standing counsel appearing for the respondents therein submitted that the department, had proposed to file an appeal against the order of CESTAT, Madras. Period of limitation of the appeal is six months. Copy of the CESTAT order was received on 12.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utory appeal. 10. Mr.G.M.Syed Nurullah Sheriff, learned senior standing counsel for the Customs and Central Excise Department submitted that appeal papers are ready and awaiting approval from the competent authority and statutory appeal would be filed within two weeks from today. He also submitted that if statutory appeal is not filed within two weeks from today, order of CESTAT, Madras made in final order No.41201 of 2018 in C/40687/2018-DB dated 13.04.2018, would be implemented. 11. Placing on record the above submission, writ appeal is disposed of with a direction to the respondents to file the statutory appeal within two weeks from today, failing which order of CESTAT, Madras, in final order No.41201 of 2018 in C/40687/2018-DB dat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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