1996 (7) TMI 160

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.... Court to apprise itself on the factual context and see for itself whether in fact such an exercise of discretion can be termed to be in accordance with law. At this juncture, however, adverting to the contextual facts, it appears that 50 Kgs. of gold was imported by MMTC and subsequently was made over to the appellant-petitioner herein. Obviously MMTC was otherwise satisfied as to the credibility of the appellant as otherwise MMTC, a Government organisation being an authority within the meaning of Article 12 would not have asked for a bank guarantee covering the value of 30 Kgs. of gold only and for the balance 20 Kgs. of gold no security of any nature was asked for and 20 Kgs. of gold was made over to the Appellant. 3.Let us now howeve....

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....e notice within eight weeks from the date of the order and thereafter the departmental proceedings were directed to be continued in accordance with law and with such expedition as the circumstance will permit. 5.It is this order, which is under challenge before this Court contending however that the order is unjustified and harsh since the petitioner in terms of the order of the Court manufactured the jewelleries as are required to be manufactured for its export commitment. Mr. Mallick appearing in support of the appeal and the stay application contended that since the jewelleries stand manufactured in terms of the order of the Appellate Court and since a substantial amount of foreign exchange would otherwise be lost to be country, the l....