2015 (10) TMI 2128

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....e For the Respondent : Mr. Rajiv Sinha, ASGI, Mr. Ratnesh Kumar, Advocate Oral order: Per D.N. Patel, J.: 1. Counsel appearing for the Union of India is seeking time to reply because at length the counsel for the petitioner has argued out the whole case and he has mainly highlighted that the petitioner is going to establish 2. Mega Power Plant of 1800 MW, in Phase­I and Phase&....

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....are to be kept in a warehouse either in public or private. Necessary permission has been obtained by this petitioner to keep this duty free imported goods in private warehouse under Section 58 of the Act, 1962. The import was started from July, 2011. They were kept at private warehouse and as the work of installation of Mega Power Plant was going on and simultaneously ex­bonding process was al....

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....me of the decision, at least, not this petitioner. Nothing is known to the petitioner in writing. 2. Counsel for the petitioner further submitted that there is an application preferred for getting stay against the coercive action which may be taken by the respondent authorities for seizure of the warehoused, exempted goods at Tori Warehouse, Chandwa, district­Latehar, State of 3. Jharkhand ....

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....58 to read with Section 61 and also looking to the subsequent application preferred by this petitioner dated 22nd October, 2013 (Annexure­9); there is prima facie case in favour of this petitioner. Balance of convenience is also in favour of this petitioner and irreparable loss will be caused if the stay, as prayed for, is not granted because even otherwise also, the goods which are warehou....