LAWS(MAD)-2011-2-799

ASTHALAKSHMI MARKETING REP BY ITS PROP SHRI MOHANLAL PRAJAPATI Vs. COMMISSIONER OF CUSTOMS (SEAPORT-IMPORTS) CUSTOM HOUSE; ASSISTANT COMMISSIONER OF CUSTOMS HOUSE AND THE ASSISTANT COMMISSIONER OF CUSTOMS, (SIIB) CUSTOM HOUSE

Decided On February 02, 2011
Asthalakshmi Marketing Rep By Its Prop Shri Mohanlal Prajapati Appellant
V/S
Commissioner Of Customs (Seaport-Imports) Custom House; Assistant Commissioner Of Customs House And The Assistant Commissioner Of Customs, (Siib) Custom House Respondents

JUDGEMENT

(1.) Heard the learned Counsel appearing for the Petitioner and the learned Central Government Standing counsel appearing on behalf of the Respondents.

(2.) At this stage of the hearing of the writ petition, the learned Counsels appearing on behalf of the Petitioner, as well as the Respondents, had submitted that an order, dated 07.07.2008, had been passed by this Court, in W.P. No. 15931 of 2008, wherein, similar issues had been raised, as in the present Writ Petition. Paragraph 5 of the said order is as follows:

(3.) In view of the said order, dated 07.07.2008, the Petitioner is directed to pay 30% of the differential duty, and for the balance amount, the Petitioner shall furnish a personal bond. On compliance of both the conditions, the Respondents shall release the goods in question, forthwith. However, it is made clear that it would be open to the Respondents to pass final orders, in respect of the payment of customs duty liable to be paid by the Petitioner, if any, in accordance with the provisions of law. The Petitioner shall cooperate, fully, in the proceedings that may be initiated by the Respondents, for the assessment of customs duty.