1984 (11) TMI 73

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.... of Customs and the Assistant Collector of Customs (respondents 1, 2 and 3). As against them the matter proceeds ex-parte. Some time after Mr. Vahanvati, learned counsel for the petitioners, opened his arguments he was asked by the advocate on record for the Union of India, Mr. Sidhwa, to inform me that Mr. R.V. Desai was briefed in the matter. Though I have heard Mr. Vahanvati's arguments and the....

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....listed at Item 1 the 38 cases containing the bits. On 8th July 1980 the petitioners paid customs duty on the bits contained in the 38 cases in the sum of Rs. 6,38,242.34. On 9-7-1980 the petitioners were informed that 17 out of the 38 cases had been over-carried by the vessel. These were brought back to Bombay only in the last week of December 1980. On 6-1-1981 the petitioners filed a bill of entr....

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.... to 15-4-1981. Thereafter the petition was amended to implead respondent 4 and it was prayed that it be ordered to permit the petitioners to clear the 17 cases without payment of demurrage. 3. The petitioners had paid customs duty on the 17 cases on 8-7-1980. The 17 cases not having been cleared there was no justification for the refusal of the Customs authorities to permit the petitioners to c....