2016 (11) TMI 1637

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....ents: Mr.T.Pramodkumar Chopda Senior Panel Counsel ORDER Heard Mr.B.Satish Sundar, learned counsel appearing for the petitioner and Mr.T.Pramodkumar Chopda, learned Senior Panel Counsel appearing for the respondents. This Court perused the materials available on record, including the counter affidavit of the second respondent. 2. The order impugned in this Writ Petition is an order-in-ori....

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....cting the petitioner to furnish 100% bank guarantee for the duty assessed on the value of the goods; directed execution of provisional Bond and directed payment of Customs duty. Apart from the above three conditions, which were as per the direction of the Court, the second respondent directed the petitioner to furnish BIS Certificate in original. Since this condition could not be complied with by ....

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....s issue is not primarily a question of law, but is the maximum question of fact and law. Therefore, to adjudicate the correctness of the impugned order, necessarily the disputed question of facts have to be gone into and this cannot be done in a Writ Petition, more so, when the petitioner has an alternative remedy of an Appeal as against the impugned order. 7. Hence, for all the above reasons, ....