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SCA/13096/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13096 of 2008
=====================================================
U
M CABLES LTD - Petitioner(s)
Versus
UNION
OF INDIA THRO SECRETARY, REVENUE DEPTT. & 3 - Respondent(s)
=====================================================
Appearance
:
MR KAMAL B TRIVEDI, SR.ADVOCATE
WITH MR PR NANAVATI for Petitioner(s)
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 23/10/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.A.MEHTA)
This
petition challenges Customs Notification No.24/2005-CUS dated 1st
March, 2005, and also seeks a direction to respondent No.4 to issue
necessary Concession Certificate to the petitioner pursuant to the
said Notification in respect of goods landed at Bombay Airport on
30th September, 2008, pursuant to two bills of entry
appearing at Annexure-K.
Heard
learned Senior Advocate appearing for the petitioner.
Notice
returnable on 12th November, 2008. Direct Service qua
respondent Nos.2, 3 and 4.
By way
of ad-interim relief, respondent No.4 is directed to issue necessary
Concession Certificates in respect of goods landed at Bombay Airport
on 30th September, 2008, subject to the petitioner
producing original receipt of depositing a sum of Rs.7,50,000/-
towards the duty that may be chargeable as per stand of
respondent-Revenue, if accepted. The learned counsel for the
petitioner states, under instructions, that the said figure is an
approximate calculation.
The
amount shall be deposited with the Registry of this Court on or
before 3rd November, 2008. The amount shall be paid by a
Bank Draft and the Registry of the High Court shall accept the same,
if paid by the aforesaid date, namely 3rd November, 2008.
The
aforesaid payment is not only subject to outcome of the petition but
subject to modification, if necessary, after hearing the other side.
(D.A.Mehta,
J.)
(Smt.Abhilasha
Kumari, J.)
(sunil)
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