2009 (6) TMI 599

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....Petitioner. Shri Tapas Kumar Hazra, and Ms. Sampa Sarkar, Advocates, for the Respondent. [Order]. - The Court : This Court by its order dated 17th June, 2009 gave directions for filing of affidavits and passed an interim order directing the Commissioner of Customs to release the goods, subject to the petitioners securing to the satisfaction of the Commissioner, the duty for the goods asse....

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.... be released on furnishing of security to the satisfaction of the customs authorities, in lieu of deposit of the assessed duty, it was really the desire of this Court that security should be furnished on terms and conditions approved by the Commissioner. In other words, if the security was, by way of a bank guarantee, the terms and conditions of that bank guarantee would necessarily have to be app....

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.... the Commissioner of Customs. The bank guarantee shall be an unconditional bank guarantee and the same shall be kept renewed. The bank guarantee shall be renewed at least one month before the date of expiry thereof and upon 7 days' notice to the respondents, failing which it will be open to the respondents to invoke the bank guarantee and appropriate the proceeds thereof. 5. Affidavit-in-....