2019 (12) TMI 483

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.... Through: Ms. Ruchi Jain, Adv. for Mr. Sarfaraz Ahmad, Adv. for R-1/UOI Mr. Amit Bansal, SSC with Mr. Aman Rewaria and Ms.Vipasha Mishra, Adv.for R-2 and 4 Mr. Ajit Sharma, Adv. for DRI O R D E R D.N. PATEL, CHIEF JUSTICE (ORAL) W.P.(C) 12679/2019 1. This writ petition has been preferred with the following prayers: "(a) Issue a writ order or direction in the nature of mandamus....

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....of duty; (c) Pass such other order or further order or orders as this Hon'ble Court may deem fit and proper under the circumstances of the case." 2. Having heard the learned counsel for the petitioner and looking to the facts and circumstances of the case, it appears that this petitioner has deposited Rs. 30 lakhs vide Demand Draft bearing no. 016594 dated 11th October, 2019, Rs. 1....

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....ed to be refunded by this Court, at this stage, because - (a) we do not accept the argument canvassed by counsel for the petitioner that amount of Rs. 50 lakhs with respondent no. 3 was deposited under coercion because allegation of "coercion cannot be established by way of annexures in the writ petition". In fact, cogent and convincing evidences are required to be led to establish coerci....

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....be absolutely premature to come to a conclusion that the amount deposited by the petitioner was not required to be deposited by the petitioner before the respondent no.3. (f) the illegality or otherwise of the deposition of the aforesaid amount depends upon variety of factors like issuance of the notices by the respondents for the breach of provisions of the Customs Act, 1962, the volunta....