BHARAT M. SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) In this case the appellant is ready and willing to pay redemption fine as also the demurrage, if any, payable by him till date. On such payment the appellant claims clearance of goods. When this application came up for hearing on the last occasion, we asked learned counsel appearing for Union of India whether he has any objection to the clearance of goods on the above two conditions. Today when the matter reached hearing, we are informed that the Department is not ready and willing to allow the goods to be cleared on the above conditions. We may observe that in the event of the appellant ultimately succeeding in the Civil Appeal the demurrage liability would be liable to be imposed on Union of India from today if they do not allow the clearance of goods on the assessee s paying the redemption fine along with demurrage till today. At this stage learned counsel for the Union of India seeks time to take instructions/file his affidavit within two weeks.

(2.) List the matter after two weeks.