TMI Blog2020 (12) TMI 515X X X X Extracts X X X X X X X X Extracts X X X X ..... y other dues that may be payable as per law. Application disposed off. - INTERIM APPLICATION (L) NO.5735 OF 2020 IN WRIT PETITION (L) NO.3502 OF 2020 - - - Dated:- 9-12-2020 - UJJAL BHUYAN ABHAY AHUJA, JJ. Dr. Sujay Kantawalla with Mr. Prithwiraj Choudhari, Mr. Samsher Garud and Ms. Juhi Valia i/b. Jaykar Partners, for the Applicant/ Petitioner. Mr. J. B. Mishra, for Respondent Nos.1 to 6. Mr. Rahul Jain with Ms. Khushboo Rupani i/b. HSA Advocates, for Respondent No.7. P.C:- Heard learned Counsel for the parties. 2. This interim application has been filed for making certain modification/addition in the judgment and order dated 15th October, 2020 whereby two writ petitions i.e. W.P. (L) No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 020 in addition to relief No.1, petitioner seeks directions to the respondents, more particularly respondent Nos.4 and 7, to clear the goods imported by the petitioner vide bills of entry bearing Nos.5520732, 5520871 and 5520536, all dated 01.11.2019. 6.1 Thus from the above, it is seen that prayer (c) made by the applicant in Writ Petition (L) No. 3502 of 2020 got omitted in paragraph 4.1. 7. In the judgment and order dated 15th October, 2020, it was held as under:- 36:- We have examined the grounds given in the order dated 01.10.2020 not as an appellate authority over the Commissioner but only to satisfy ourselves as to whether on such grounds a bona fide satisfaction can be arrived at that the order-in-original suf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of warehousing of the goods under section 49 of the Customs Act, petitioner is required to pay a substantial amount to the customs authority. In the above context and after thorough consideration of all aspects of the matter, we are of the view that non-release or withholding of the imported goods of the petitioner any further would not be just and proper. At least the grounds given in the order dated 01.10.2020 which order itself was passed in a highly improper manner, do not justify that the goods should be withheld or denied release notwithstanding the order-in-original and compliance thereto. 7.1 Finally, the two writ petitions were allowed in the following terms:- 38 Consequently we direct the respondents more particu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... delivering the judgment, prayer clause (c) in Writ Petition (L) No. 3502 of 2020 was omitted which is required to be incorporated/added in paragraph 38 of the said judgment and order. 4. Mr. Venkatraman, learned Addl. Solicitor General has opposed the prayer made and has submitted that against the aforesaid judgment and order dated 15th October, 2020, Respondents have decided to prefer SLP before the Supreme Court. 5. On a query by the Court, he submits that Respondents will file the said SLP within a day or two. 6. While opposing the prayer, learned Addl. Solicitor General has made submissions on merit. In this connection, he has referred to the averments made in the reply affidavit filed on behalf of the Responden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0. Having heard learned Counsel for the parties and on due consideration, we modify our judgment and order dated 15th October, 2020 by insertion/addition of the following sentence in paragraph 4.1 as well as in paragraph 38 thereof. The last line in paragraph 38 would thus read as under:- In addition, respondent Nos.4 to 7 are also directed to forthwith release the goods of the petitioner covered by seven Bills of Entry bearing Nos. 5520537, 5520538, 5520539, 5520540, 5520541, 5520872 and 5521191 on payment of redemption fine, penalty, customs duty and any other dues that may be payable as per law. 11. Interim application is accordingly disposed of. No order as to costs. 12. This order will be digitally signed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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