2003 (7) TMI 338

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....Biswajit Mukherjee, Advocate, for the Respondent. [Order per : Jeet Ram Kait, Member (T)]. - By these Miscellaneous Applications, the applicants have brought to our notice that the Tribunal's Order Nos. A/371-380/Kol/2003, dated 10-6-2003 in the case of M/s. Ma Sherawali Impex and Nine Others v. Commissioner of Customs (Port), has not been implemented by the Commissioner and their goods have no....

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.... that Contempt Proceedings may be initiated against the Customs Officers responsible for this deliberate defiance and to issue directions under Rule 41 of the CEGAT (Procedure) Rules, 1982 [now C.E.S.T.A.T. (Procedure) Rules, 1982]. 3. We have heard learned Advocate, Shri Biswajit Mukherjee, for Revenue who submits that in all these cases, the Department has sent the proposal for filing Civi....

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.... observed in para 6 of our Order that there is excessively interference by the D.R.I. authorities and by the Customs Authorities not to release the goods to the small importers, in spite of the fact that they have already paid the whole amount of fine and penalty as adjudged by the adjudicating authority. It is well-settled that C.E.G.A.T.'s Orders have to be implemented in the absence of any stay....