2025 (10) TMI 280

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....r Rupesh Dubey,. Mr Mandar Lalsare (through VC), i/b, Orbit Law Services. ORAL ORDER:- 1. Heard learned Counsel for the parties. 2. Upon hearing the learned Counsel for the parties on 8 September 2025, we made the following order:- 1. Heard Dr. Kantawala learned counsel for the petitioners in Writ Petition (L) No. 13817 of 2025 and Writ Petition (L) No. 13654 of 2025, and Mr. Mishra, learned counsel for the Respondent Nos. 1 and 2, Mr. Parimal Prasad, learned counsel for the Respondent No. 3, Mr. Mandar Lalsore for Respondent No. 4 in both petitions. 2. Dr. Kantawala refers to the order or communication relating to the provisional release of the seized goods. On instructions, he states that for the present, the....

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....d. 7. The petitioners have also challenged the attachment of the bank accounts. However, the orders of attachment are not placed on record. Dr. Kantawala states that such orders/communications are directly issued to the bank and therefore the petitioners do not have a copy of these orders/communications. 8. Mr. Mishra states that such orders/communications attaching the petitioner's bank accounts will be placed on record by the next date, along with instructions on the above aspects. 9. Accordingly, we post this petition for further consideration on 16th September 2025 for direction. 10. On a request from the petitioners in Writ Petition (L) No. 14117 of 2025, it is de-tagged from this petition and direct....

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....r, we are satisfied that this is not a matter in which we should deviate from the practice of exhausting alternative remedies. Since the Petitioner has an alternative remedy and the argument now made is highly contentious, we leave it open to the Petitioner to avail themselves of the alternative remedy if they so choose. 7. Otherwise, the competent authority has already ordered provisional release of the seized walnuts, subject to the Petitioner providing a bank guarantee corresponding to 100% of the differential duty amount. It is always open to the Petitioner to provide such a bank guarantee without prejudice and then to appeal the order of provisional release or the conditions imposed therein. 8. Insofar as the issue of return of c....