TMI Blog2019 (5) TMI 1109X X X X Extracts X X X X X X X X Extracts X X X X ..... /2018 and W.P.(C) 11123/2017 & CM Appl. Nos. 47271/2017 & 21268/2018 - - - Dated:- 15-5-2019 - S. MURALIDHAR AND I.S. MEHTA JJ. Petitioner Through Mr. Gurmehar S.Sistani, Advocate Respondents Through Mr. Anil Dabas, Advocate for Respondent/UOI Mr. Amit Mahajan, CGSC Mr. Aditya Singla, Sr.standing with Mr. Annirudh Singh, IO for DRI Mr.Pallav Gupta, Advocate for Respondent/DRI Ms. Sonu Bhatnagar with Mr. Vaibhav Joshi, Ms. Venus Mehrotra Ms. Anushree Narain, Advocates for Respondent No.5 O R D E R 1. By this common order, this Court proposes to dispose of the appeal and the writ petition which are both by the same entity Shri Lal Mahal Limited (SLML), the Appellant/Petitioner, and arise fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y seized by the Respondents. The parties shall bear their own costs. 39. It is clarified that this order is without prejudice to the right of the Respondent/DRI to take such further steps as they may be entitled to in law, in respect of the investigation with regard to the alleged diversion of duty free imported Gold and the sale proceeds thereof. 3. Aggrieved by the above order the DRI filed an appeal being LPA No. 482 of 2017. Meanwhile on completion of investigation, the DRI issued SLML a show cause notice (SCN) dated 31st October 2017. On 13th November 2017, the Division Bench of this Court dismissed the DRI s LPA 482 of 2017 as withdrawn on account of conclusion of investigation. 4. In compliance with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... zure of operation of the bank accounts deserves interference. Counsel also relies upon Section 110(2) of the Customs Act. At this stage, we would like the petitioner herein to first comply with the order dated 16th March, 2017 requiring the petitioner to furnish security for ₹ 10 crores. The said order has not been challenged by the petitioner. Once the said security is furnished, we would consider de-freezing the 43 bank accounts which were subject matter of Writ Petition (C) No.3252/2017. Learned counsel for the petitioner at this stage submits that he would like to obtain instructions and would have a suggestion. Relist on 3rd January, 2018. Dasti. 8. Thereafter LPA 12 of 2018 was filed by SLML chal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Mr. Annirudh Singh, IO for DRI, he states that they are agreeable to the bank accounts being allowed to be operated without any condition being imposed. 11. In that view of the matter, the impugned orders dated 16th and 31st March 2017 of the learned Single Judge to the extent that they require SLML to furnish security in the sum of ₹ 10 crores to the satisfaction of the DRI as a condition to operate its bank accounts are hereby set aside. It is directed that all of SLML s bank accounts shall be permitted to be operated by the Respondents without any pre-condition. 12. The appeal, the writ petition and the pending applications are disposed of in the above terms. 13. It will be open to SLML to produce a cer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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