TMI Blog2021 (3) TMI 1086X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner Through: Ms. Charanya Lakshmikumaran, Mr. Karan Sachdev and Mr. Agrim Arora, Advs. Respondents Through: Mr. T.P. Singh, Adv. for R-1. Mr. Gautam Narayan, Adv. for R-2 to 4. RAJIV SHAKDHER, J. (ORAL) : CM No.11583/2021 1. Allowed, subject to just exceptions. W.P.(C) No.3844/2021 CM No.11582/2011 2. Issue notice. 2.1 Mr. T.P. Singh accepts service on behalf of respondent no.1/UOI while Mr. Gautam Narayan, accepts service on behalf of respondent nos.2 to 4 (the contesting respondents) 2.2 Mr. Singh and Mr. Narayan say that they do not wish to file counter-affidavit(s) and reply(ies) in view of the order that we propose to pass in the instant writ petition. 3. The instant writ petition is dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re liable for confiscation. 6. On the other hand, Mr. Narayan, submits that the petitioner has not approached respondent nos.2 to 4 with a plea that the purported mismatch, between the physical stock and the stock register, could be reconciled. 6.1 Furthermore, Mr. Narayan says that although Mr. Agarwal retracted his statement as is evident from Annexure-P7 with respect to paragraphs 15, 19, 20 and 22 of the statement made by him on 15.03.2021, he did not retract the averments made in paragraph 14 of the statement. Mr. Narayan says that paragraph 14 of the statement of Mr. Agarwal adverts to the fact that the variation between the physical stock and that which stood recorded in register was worth approximately ₹ 3.00 crores. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esentative and/or advocate engaged by the petitioner and after granting him/her a hearing in the matter will pass a speaking order. A copy of the order passed by the concerned officer will be furnished to the authorized representative and/or advocate of the petitioner. (iv) In case the order passed is adverse to the interest of the petitioner, it shall have leave to assail the same, albeit, as per law. (v) Needless to add, the concerned officer, apart from anything else, will set forth in the order if he is not satisfied with explanation given to him, as to the quantum of the variation in monetary terms. The petitioner will, then, have an option to seek release of the goods if it chooses not to assail the order passed by the conce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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