TMI Blog2023 (5) TMI 992X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Certiorari to call for the records in the Proceeding - Department was directed (by way of Interim Order) not to take any coercive steps for recovery of demand raised on account of the issue, which is pending with the Adjudicating Authority - HELD THAT:- Despite the interim order, it appears that some steps were taken against the petitioner and therefore, the petitioner was constrained to app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r in accordance with the provisions of Section 142(1)(c)(iii) of the Customs Act, 1962. Despite interim orders already in force, there is no justification on the part of the respondents to issue the impugned letter dated 03.05.2023. Therefore, this Court feels that the writ petition can be allowed setting aside the impugned letter, which is clearly in violation of the earlier orders passed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Container Bags, which are designed for storing and transporting dry and flowable products, such as sand, fertilizer and granules. While so, the first respondent had issued an Order-in-Original dated 21.02.2011, whereby confirming the proposal of recovery of drawback and imposed penalty of a sum of Rs.2,50,00,000/- under Section 114(iii) of the Customs Act 1962. Aggrieved by the same, the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid interim order, it appears that some steps were taken against the petitioner and therefore, the petitioner was constrained to approach the Division Bench of this Court in C.M.P. Nos.4533, 6715, 6948 and 6987 and 2020 in C.M.A. Nos.735, 1059, 1098 and 1111 of 2020 and the Division Bench of this Court, by interim order dated 21.04.2021, referring to the earlier interim order granted on 22.09.2020 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that the writ petition can be allowed setting aside the impugned letter, which is clearly in violation of the earlier orders passed by the Division Bench of this Court, referred herein above. Accordingly, this writ petition stands allowed and the impugned letter dated 03.05.2023 is set aside. Consequently, connected W.M.Ps stand closed. No costs. 9.It is made clear that the interim orders dat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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