2010 (6) TMI 899

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....r>Customs<br>V.C. Daga And S.J. Kathawalla, JJ. For the Appellants/Original Respondents : R.V. Desai, senior counsel with R.B. Pardeshi. For the Respondents Original Petitioners : V. Sridharan i/b. PDS Legal. For Original Respondent No. 5 : Ms. Sony Bhatt i/b. M.K. Ambalal & Co. ORDER P.C. : Perused civil applications. Heard learned counsel for the rival parties. 2. The Direct....

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....h May, 2009 with interim order permitting the petitioners to import goods covered by the notification under challenge with further order directing the respondents to release the goods after taking usual bond but without bank guarantee. This order was passed subject to any Rules that were to be framed by the respondents in future. In the event of such Rules, applicants were granted liberty to move ....

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....e rate of duty, assessment, non&shy;levy, short levy, refunds, interest, appeals, offences and penalties, as far as may be including its applicability to the duty chargeable were made applicable in relation to duties leviable under the Safeguards Act. Mr. Desai, thus, submits that on the date when interim orders were passed in the writ petitions, i.e. 8th May, 2009, the aforesaid amended provision....

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....is sufficiently protected in view of the bonds executed by the petitioners. 8. On this backdrop, considering the parameters for the grant of interim relief, we find that the issue sought to be raised in the petitions needs consideration. The petitioners have made out prima facie case. The interim orders are already operating in their favour since May, 2009. In our considered view, ends of justi....