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2009 (9) TMI 913

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.... Kumar, for the Respondent. ORDER P.C. : Heard learned counsel for the petitioner and learned counse1 for the respondents. Perused petition. 2. Rule, returnable forthwith. Mr. Jetly waives service for the respondents. Petition is taken up for hearing by consent of parties. 3. This petition is directed against the order dated 16th July, 2009 (Exh. A) passed by the Customs, Excise and ....

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....x and rival submissions, we may mention that identical petition was disposed of. by this Court vide order dated 2nd September, 2009 being W. P. No. 1477/2009 (Hindustan Petroleum Corporation Ltd. v. Union of India & Another) [2010 (256) E.L.T. 731 (Bom.)], wherein identical order was a subject matter of challenge and without going into the larger question, petition was decided. The following view ....

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....the Tribunal, however, one cannot say that no prima facie; case was made out by the petitioner for complete waiver of the pre-deposit. As a matter of fact, as per the instructions of the Board, petitioner is exempted from furnishing any security. 14. In the above facts and circumstances of the case, ends of justice would be met by directing the petitioner to execute a general bond with the j....