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TMI Blog2023 (12) TMI 1021X X X X Extracts X X X X X X X X Extracts X X X X ..... For the Respondent No. 1 : Mr. Satish Sindar a/w Mr. Tanmay Sangani For the Respondent No. 1. For the Respondent No. 3 : Mr. Ashutosh Mishra i/b Mr. J. B. Mishra. ORDER: 1. This review petition filed by the revenue seeks review of order dated 8th December 2023, whereby this Court had directed provisional release of perishable goods, namely 'apples' inter alia on the ground that Notification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upholding such notification. It is therefore his submission that although the interim stay granted by the Kerala High Court on the Notification No. 5/2023 concerning apples has continued to operate, nonetheless considering the decision of the Division Bench of the Kerala High Court in the case of M/s MRJ Trading Company (supra), although such decision the orders passed by us and subject matter of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er. The legal position as brought about by virtue of the stay to the notification is to the effect that the department can foist the said notification and refuse clearance of the goods (apples) by applying such notification. Once the notification is stayed by the High Court, such order would be operational and binding on the department all over considering the well settled principles of law as lai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court on a different notification be considered relevant, to review our order. Certainly, such a contention cannot be accepted to hold that there is any error apparent on the face of the order. 5. Perusal of our order under review makes it clear that the department refused to clear the import of apples relying on the Notification No. 5/2023 which itself was stayed by the Kerala High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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