TMI Blog2006 (9) TMI 182X X X X Extracts X X X X X X X X Extracts X X X X ..... ions made in this order of ours. - 4315-4316 of 2001 - - - Dated:- 12-9-2006 - Ashok Bhan, Tarun Chatterjee and Markandey Katju, JJ. [Order]. - These appeals with the leave of the Court are directed against the judgment dated 11th September 2000 rendered by the Division Bench of the High Court of Judicature at Madras in Writ Appeal Nos. 1554 and 1555 of 2000 whereby the Division Bench has confirmed the decision of the Single Judge dated 6th July, 2000 in WP Nos. 11544 and 11545 of 1993. 2.Briefly stated the facts giving rise to the present appeals are : 3.Paragraph 197 of the Import and Export Policy for April 1990 - March 1993 [for short "the EXIM Policy"] provided for the import of capital goods on the concessional rates of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterim application praying for clearance of imported goods, i.e., three Cherry High Speed Combers and two Automatic Winder Machines, under paragraph No. 197 of the EXIM Policy read with Notification No. 169/90-Cus. 7.The High Court by its interim order dated 11th of June, 1991 directed the clearance of the aforesaid goods under paragraph 197 of the EXIM Policy read with Notification No. 169/90-Cus. subiect to the payment of 50% of the differential duty in cash and furnishing of bank guarantee for the balance amount of 50%. In pursuance to the aforesaid interim order passed by the High Court, the appellant cleared the goods under paragraph 197 on 17th of August, 1991. 8.The assessee was issued the Import licence on 15th of January, 1992, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeals were filed. The said Writ Appeals having been dismissed by the Division Bench of the High Court, the present appeals have been preferred by the assessee. 13Mr. Vellapally, learned senior counsel. initially made his submissions challenging the correctness of the impugned judgment, but soon thereafter prayed that these appeals be dismissed as withdrawn with liberty to the assessee to file an application before the High Court to recall/review the order dated 24th September, 1992 passed by the Single Judge in the WP No. 8142/91. According to him, the counsel appearing for the assessee before the High Court should not have got the writ petition dismissed as infructuous so long as he was not satisfied with the conditions attached to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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