NITIN CASTINGS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Both the counsel state that the controversy raised by the petitioners stands concluded in view of the decision of CEGAT Collector of Customs, Bombay V/s. Warner Hindustan Ltd. Shri Deodhar for the department accepts that the department is bound by the decision of the Tribunal. Shri Deodhar submits that the respondents should be permitted to pass the order of adjudication. In our judgment, it is not necessary to do so in view of the binding decision recorded by the Tribunal. The petitioners have already cleared the goods in accordance with the interim order passed by this Court after furnishing bank guarantee and now only direction required to be given is discharge of bank guarantee.

(2.) Accordingly, rule is made absolute in terms of prayer (a). The bank guarantee furnished by the petitioners to stand discharged. In the circumstances of the case, there will be no order as to costs.