1990 (12) TMI 103

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....pondents. Heard. On an earlier writ petition filed in respect of the same consignment, an order was passed on 20th June 1990 whereby the 2nd respondent was directed to give a personal hearing to the petitioner pursuant to a Query Memo on or before 9th July 1990 and thereafter to pass an order and serve it upon the petitioner on or before 24th July 1990. The order contemplated by the said order ....

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....ssed an order on 12th October 1990. The operative part of the order reads thus : "By consent order dated 19th July 1990 (Exhibit-O to the petition) is set aside. Mr. Desai on behalf of the respondents states that the 2nd respondent will hear the appellants and pass a fresh order within three weeks from today. The 2nd respondent will afford to the appellants the liberty to produce documents in su....

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....court's order". 4. Mr. R.V. Desai, who appeared on behalf of the respondents before the appeal Court, was instructed by the advocates on record of the Union of India. We have no doubt that, apart from the instructions which Mr. Desai must have obtained from the advocates on record, he could not have made the statement he did without being instructed to do so by an officer of the Customs, Even wer....