2025 (9) TMI 937

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....purkar and Soutrik Kar. For the Respondent: Mr. Bharat Jadhav a/w Purva Birla i/by Enact Legal. P.C.:- 1. Heard Mr. Subir Kumar, learned counsel for the Applicant (Department) and Mr. Bharat Jadhav, learned counsel for the Respondent (Original Petitioner in Writ Petition No. 1764 of 2025). 2. This Application seeks modification of our order dated 23 June 2025. 3. Mr. Kumar points ou....

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....ement may have been made by the counsel, though bona fide. 6. Since the main reason which persuaded us to determine the bank guarantee value at Rs. 50 lakhs was the statement about the duty being 6% of the value of the goods, and now that it is evident that the duty was 20%, a modification as prayed for is warranted. 7. Accordingly, we inquired of Mr. Jadhav as to the time limit within which....

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....this was not a case of waiver or acquiescence. Besides, he pointed out that this quantum was determined based upon an incorrect statement made by the learned counsel for the original Petitioner about the duty being only 6% when, in fact, the duty should have been 20%. 9. Upon considering all the above circumstances, we are satisfied that a modification is warranted. Accordingly, the reference t....