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SCA/6376/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6376 of
2010
=========================================================
PLATINUM
INVESTMENT SERVICES CORP. & 1 - Petitioner(s)
Versus
UNION
OF INDIA THROUGH SECRETARY & 3 - Respondent(s)
=========================================================
Appearance
:
MR
BHARAT T RAO for
Petitioner(s) : 1 - 2.
None for Respondent(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 18/05/2010
ORAL
ORDER
Notice
to the respondents returnable on 21.06.2010.
Notice
as to interim relief returnable on the same date.
Heard
Mr. Mihir Joshi, learned Senior Counsel appearing with Mr. Bharat T.
Rao, learned advocate for the petitioners.
Despite
the order passed by this Court, on 07.05.2010 in Special Civil
Application No.5360/2010, directing the respondent Authority to
complete provisional assessment not later than 14.05.2010 and also
directing the petitioners to ensure the requisite formalities,
including payment of duty and furnishing of security/bond for
differential duty on or before 15.05.2010, the Assistant Collector,
Customs, Bhavnagar has issued communication dated 12.05.2010
directing the petitioners to execute a bond for an amount of
Rs.2,03,14,534/- being the amount equal to the difference between
duty that may be finally assessed and provisional duty and further
directing the petitioners to deposit a sum of Rs.40,62,907/- being
20% of the provisional duty in terms of Regulation 2. In terms of
Regulations, the petitioners are also directed to furnish the Bank
Guarantee issued by the Nationalized Bank for the balance amount of
differential duty i.e. Rs.1,62,51,627/-. This is not in accordance
with the directions of this Court. The petitioners are ready and
willing to make payment of Rs.1,71,38,077/- being the duty amount and
also to furnish the Bond for the differential amount of
Rs.2,03,14,534/-. By way of security, the petitioners are ready to
provide the security in the form of materials worth Rs.2,03,14,534/-.
In
that view of the matter, by way of ad-interim relief, the respondents
are directed to permit the clearance on the payment of
Rs.1,71,38,077/- being the amount of duty as well as on furnishing
requisite bond for an amount of Rs.2,03,14,534/- and furnishing
security by the petitioners in the form of materials worth
Rs.2,05,00,000/- to the satisfaction of the respondents Authority.
These
directions should be complied with by the Authority not later than
21st
June, 2010, if the petitioners satisfy the above conditions.
The petitioners are directed to place on record xerox copy as well
as typed copy of Bills of Entry along with letter dated 10.5.2010.
Direct
Service is permitted.
(K.A.
Puj, J.)
safir*
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