2021 (1) TMI 525

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..../ Order / Decisions)<br>Dated:- 7-1-2021<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 notic....

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....nt writ petition is not maintainable, as earlier writ petition (DB CWP No.10398/2019) filed by the petitioners for the same relief has been withdrawn with a liberty to seek clarification from Hon&#39;ble the Supreme Court. 5.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 peti....

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....e purpose of calculation of interest. 8. In our considered view, since the petitioners have withdrawn the writ petition filed by them, a fresh writ petition for the same cause, may be with different legal grounds cannot be maintained and the same is barred by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 2....

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....t that the appellant would be entitled to redeem the gold by paying not only the fine 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 1....