2006 (2) TMI 192

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.... future interest. Summons were issued and the defendant was served. However, despite service the defendant did not appear and he was directed to be proceeded with ex parte by virtue of an order dated 16-9-2002. The plaintiff was directed to lead ex parte evidence by filing an affidavit. The evidence affidavit was filed by the plaintiff and was taken on record. Documents were also filed and the sam....

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....e representations made by the defendant, the plaintiff supplied the defendant with 4 Kg of gold on 17-9-1993 and a further 2 Kg of gold on 4-2-1994. It was agreed between the plaintiff and the defendant that the said gold supplied by the plaintiff to the defendant would be converted into jewellery by the defendant and the same would be exported within 120 days. The gold was imported by the plainti....

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....nd subjecting itself to penalty as stipulated in the Import Export Policy 1992-97  and other Regulations, failed to comply with the condition of re-export within 120 days. Due to this failure on the part of the defendant, the 6 Kg of gold imported by the plaintiff and handed over to the defendant under the scheme, immediately became the subject matter of levy of Customs Duty and other charges....

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....of the plaintiff to the Customs Department. Ext. PW1/4 is the bank guarantee and PW1/5 is the Certificate of Encashment. The bank guarantee was invoked and encashed on 10th February, 1999. 4. From the averments made in the plaint as well as the evidence led by the plaintiff, it is clear that the defendant had undertaken to export the finished goods and furnish the release order issued by the Cu....