2019 (12) TMI 1131

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....ainak Bose Mr. Shakeel Mohammed Akhter Mr. Rishabh Karnani For the Petitioner Mr. K. K. Maiti Ms. Aishwarya Rajyashree For the Respondents ORDER C.A.N. 12216 of 2019 (Modification) C.A.N. 12216 of 2019 is an application for modification filed by the Commissioner of Customs (Preventive), West Bengal, Kolkata. By way of this application, the Customs Authorities have sought modification o....

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....icular fact could not be brought to the notice of the Court as specific submission had been made by him on that date that he had not received any instruction from the Customs Authorities. He, accordingly, submits on that date he had not placed these facts before this Court and the petitioner without informing the Court orally or in the writ petition, obtained the order in a surreptitious manner. ....

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....ple of uberrima fides, the Court passes orders at an interim stage. On coming to light of the suppression, it is the duty of the Court to recall its order and also impose costs upon the petitioner for such an act. Accordingly, the application for modification, being C.A.N. 12216 of 2019 is allowed. Re.: C.P.A.N. 1447 of 2019 (Contempt) C.P.A.N. 1447 of 2019 is an application for contempt fil....