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2017 (12) TMI 982

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....Khan, Samudra Sarangi i/b. Veritos Legal for the petitioner Mr. Pradeep S. Jetly, Mr. Sandesh D. Patil & D. P. Singh for respondent ORDER P. C. 1. Today the writ petition is for hearing as to interim relief. There are Provisional Release Orders dated 14th November, 2017 and 23rd November, 2017. We grant leave to amend the petition for incorporating a challenge to the said orders. Amend....

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.... states that as soon as the test report is received, a decision for provisional release of 54 items listed in Annexure2 to the letter dated 19th September, 2017 will be taken. 4. There is no dispute that the first respondent has released all the locally procured goods to the petitioner without imposing any condition. For release of another category of goods, conditions have been imposed in orde....

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....t for import. Therefore, unless the issue whether the third category of goods are covered by Schedule C is decided, no interim relief can be granted as regards the said goods. 6. One of the prayers of interim relief is for stay of order dated 3rd November, 2017. The other prayer in relation to No Objection Certificate is that the second respondent be directed to forthwith issue a clarification ....

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....e to the third category of goods. Therefore, none of these reliefs can be granted. 7. The payer for interim relief will have to be considered only as regards those goods where the provisional release has been permitted. Therefore, the prayers for interim relief in relation to the said goods will have to be considered after amendment is carried out. 8. In the meanwhile, if an order of provisi....