JAGAT MALKANI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard.

(2.) Heard both the learned Counsel for the parties on interim relief. Learned Counsel for the appellant brought to our notice paragraph No. 11 of the impugned order, whereby the Type Approval Certificate was sought to be substituted with that of redemption fine reduced to Rs. 1,00,000/- and penalty reduced to Rs. 50,000/-. The appellant is ready and willing to furnish a bank guarantee to secure these amounts within a reasonable period. So far as the vehicle is concerned, it is in the custody of the Customs Department.

(3.) The learned Counsel for the appellant agreed to furnish an undertaking that the petitioner shall produce the Certificate of Registration of the vehicle within 60 days from the date of releasing the subject vehicle and that subject to the certification of the sitting capacity of the vehicle, it would be liable for classification. In the event of classification, the appellant shall first pay the differential duty as may be worked out without raising any objection, however subject to his legal remedies as may be available. The aforesaid prayer made by the learned Counsel for the appellant is opposed by Mr. R. Ashokan, learned Counsel for the Revenue, contending that they are intending to file SLP/appeal before the Apex Court. However as yet no such appeal has been filed.