1991 (2) TMI 143

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rned senior counsel appearing for the respondent-caveator, the writ appeal itself which is directed against the judgment of the learned Single Judge in Writ Petition No. 18400 of 1990, dated 31-1-1991 is taken up for final disposal. 2.In the view that we are taking, it is not necessary to advert to the detailed facts of the case. The learned single Judge directed the release of the goods to the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....is ordered in the above terms." 3.Learned counsel for the appellants submits that the interest of the Revenue has not been adequately safeguarded insofar as the direction to execute a bond for the balance amount is concerned. Learned counsel submits that the goods should have been directed to be released only if the respondent paid 50 per cent in cash and 50 per cent in bank guarantee. Learned ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....fferential duty is concerned, the respondent shall again pay one-third of the amount in cash and furnish bank guarantee for the balance of two-thirds of the amount. The question of waiver of deposit shall be considered by the appellate authority who shall decide the appeal, as and when filed, uninfluenced by any of the observations of the learned single Judge made in the writ petition. We would al....