TMI Blog2023 (4) TMI 791X X X X Extracts X X X X X X X X Extracts X X X X ..... create third party rights in respect thereof, and shall produce the vehicle before the concerned Respondents as and when demanded. Accordingly, by way ad-interim order, we direct that subclause (vi) [should be sub-clause (iii)] of clause-7 of the impugned order shall stand suspended if the Petitioner complies with subclauses (iv) and (v) [should be sub-clauses (i) and (ii)] of clause-7 of the impugned order, subject to further order. The Petitioner shall keep the vehicle in good condition and shall not create third party rights in respect thereof, and shall produce the vehicle before the concerned Respondents as and when demanded. Petition disposed off. - WRIT PETITION NO. 15714 OF 2022 - - - Dated:- 18-4-2023 - NITIN JAMDAR AND ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Two Hundred and Fifty only) with an undertaking that they shall pay the duty, fine and /or penalty as may be adjudged by the Adjudicating Authority, subject to appellate provisions under the Customs Act, 1962 as prescribed in para 5 of Circular No. 35/2017- Customs dated 16.08.2017. 3. Execute a Bank Guarantee of Rs. 1,00,00,000/- (Rupees One Crore only) having clause binding the issuing bank to keep it renewed and valid till final adjudication of the case, or in the event of nonrenewal of Bank Guarantee as above, the guaranteed amount be credited to the Government account by the bank on its own as prescribed in para 5 of Circular No. 35/2017- Customs dated 16 August 2017 . 2. The learned Senior Advocate for the Respondents ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. The learned Counsel for the Petitioner states that in the meanwhile no purpose would be served by keeping the expensive vehicle idle. The learned Counsel for the Petitioner states that as regards the three conditions imposed in the impugned order, the Petitioner will comply with clause nos. 1 and 2, however, clause 3, that is, Bank guarantee of Rs. 1,00,00,000/- is oppressive and harsh. The learned Senior Advocate for the Respondents states that dilution of the conditions is not necessary as the investigation has revealed that there is a large scale scam of import of the vehicles through diplomatic channel and the investigation is underway. The learned Senior Advocate for the Respondents has also relied upon the order passed by the Hig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. When the petition was heard yesterday, since the learned Counsel for the Petitioner sought parity with the orders passed by the High Courts of Karnataka and Kerala as above, the petition was adjourned for the Respondents to take instructions whether these orders have been challenged by the Respondents higher. The learned Senior Advocate for the Respondents placed before us a communication wherein it is stated that the orders passed by the High Courts of Karnataka and Kerala as above have not been challenged. These orders are passed from June 2022 to October 2022. These orders are thus accepted. 6. The Petitioner in this petition has placed on record the details of the vehicle. Nothing is placed on record before us that the P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry 2023. 3. We find no difference in the order dated 21 December 2022 passed in Writ Petition No. 6771/2022 and the present petition for the purpose of ad-interim order. 4. Accordingly, by way ad-interim order, we direct that subclause (vi) [should be sub-clause (iii)] of clause-7 of the impugned order shall stand suspended if the Petitioner complies with subclauses (iv) and (v) [should be sub-clauses (i) and (ii)] of clause-7 of the impugned order, subject to further order. The Petitioner shall keep the vehicle in good condition and shall not create third party rights in respect thereof, and shall produce the vehicle before the concerned Respondents as and when demanded. 5. Since we have kept the issue of availability of statuto ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
