2021 (1) TMI 525

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....-1-2021<br>D. B. Civil Writ Petition No. 17193/2019 - -<br>Customs<br>HON&#39;BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY And HON&#39;BLE MR. JUSTICE DINESH MEHTA For the Petitioner : Mr. Ramit Mehta For the Respondent : Mr. Rajvendra Saraswat Both through CICSO Webex ORDER 1. By way of the instant writ petition, the petitioners have challenged the notice of attachment dated 26.06.2019 and the ....

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....r writ petition (DB CWP No.10398/2019) filed by the petitioners for the same relief has been withdrawn with a liberty to seek clarification from Hon&#39;ble the Supreme Court. 5. Heard. 6. It is not in dispute that the petitioners had earlier filed the writ petition (DB CWP No.10398/2019), laying challenge to the levy of interest. Said writ petition came to be withdrawn by the petitioners on 17.....

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.... the petitioners have withdrawn the writ petition filed by them, a fresh writ petition for the same cause, may be with different legal grounds cannot be maintained and the same is barred by principles of res-judicata. 9. That apart, the facts on record, clearly show that Hon&#39;ble the Supreme Court vide its order dated 22.11.2017 has permitted the respondents to recover interest @10%, apart fro....

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....ine of Rs. 11.04 crores but also the interest thereon calculated @10% p.a." 10. A perusal of above quoted portion of the judgment of Hon&#39;ble the Supreme Court leaves no room for ambiguity that the petitioners have been held liable for payment of interest @ 10% p.a. 11. A careful reading of the order dated 16.05.2018 whereby the petitioners have been called upon to pay interest @10% shows th....