TMI Blog2020 (7) TMI 186X X X X Extracts X X X X X X X X Extracts X X X X ..... fairly submitted by the counsel for the respondents that they have already written a letter to the concerned bank for de-freezing the bank account. Thus, the grievance about the de-freezing of account does not survive. Release of the goods which were seized - HELD THAT:- It appears that there is some unlawful activity by unknown persons and an FIR has also been lodged against Mr. Ajit Singh. Thus, the matter is pending before the concerned Trial Court on criminal side in Delhi and therefore an application has to be preferred by the petitioners for the release of the goods in accordance with the provisions of the Code of Criminal Procedure, 1973. Liberty is granted to the petitioners that upon proper presentation of the application und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er No.1 on 16.03.2012 and recorded vide Panchnama dated 19.09.2012 and Supurdaginama dated 16.03.2012 and 19.09.2012, in furtherance with the Final Order No.51676-76/2019 dated 23.12.2019 passed by the Customs, Excise And Service Tax Appellate Tribunal, New Delhi In Appeals No.E/52186-52187/2016-CU (DB) filed by the petitioners herein; (ii) to pass such other or further order which this Hon'ble Court may deem fit and proper in the interest of justice. 3. Having heard the counsel for both the parties and looking to the facts and circumstances of the case, it appears that originally the goods were imported by the Petitioner No.1, i.e. O-General brand Air conditioners. Due to the allegations that the imported goods were mis-decla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grievances are ventilated by the petitioners: (i) For refund of the amount of ₹ 11,70,865/- deposited by Petitioner No.1 vide TR6 Challan dated 07.11.2012 and refund of ₹ 1.5 lakh deposited by Petitioner No.2 vide TR6 Challan No.199 dated 20.06.2018 along with interest in accordance with law. (ii) De-freezing of the Current A/c No. 52905086356 held by Petitioner No.1 in Standard Chartered Bank, Karol Bagh Branch; and (iii) For release of the seized goods. 6. Learned counsel appearing for the respondent fairly submitted that for the refund of the aforesaid amounts, two letters dated 06.03.2020 and 27.04.2020 have already been issued and certain documents are required to be produced by the petitioners. Learned c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the concerned Trial Court on criminal side in Delhi and therefore an application has to be preferred by the petitioners for the release of the goods in accordance with the provisions of the Code of Criminal Procedure, 1973. Learned counsel for the Petitioners submitted that the petitioners may be permitted to prefer such application before the concerned Trial Court for the release of the goods in accordance with law. 10. In view of this submission, we hereby grant liberty to the petitioners that upon proper presentation of the application under the Code of Criminal Procedure with proper averments, allegations and annexures for the release of the goods, the said application will be decided by the concerned Trial Court in accordanc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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