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MCA/305/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION-FOR MODIFICATION OF ORDER No.305 of 2008
In
SPECIAL
CIVIL APPLICATION No.15413 of 2006
With
MISC.CIVIL
APPLICATION No.306 of 2008
In
SPECIAL CIVIL APPLICATION No.15412 of 2006
To
MISC.CIVIL
APPLICATION No.307 of 2008
In
SPECIAL CIVIL APPLICATION No.17294 of 2006
===================================================
SUPERINTENDENT
OF CUSTOMS & 1 - Applicant(s)
Versus
CHAM
TRADING ORGANIZATION - Opponent(s)
===================================================
Appearance
:
MR YN RAVANI for Applicant(s) : 1 -
2.
MR AJAY R MEHTA for Opponent(s) :
1,
===================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 12/09/2008
COMMON
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE D.A.MEHTA)
All
these three applications are taken up for hearing and disposal
together as the prayers are common in each of the applications and
they arise out of common order dated 27.07.2007 made by this Court
between the same parties. The grievance of the applicant is only in
relation to the designation of the authority to whom the directions
have been issued in the order dated 27.07.2007.
Accordingly,
the last Paragraph beginning with ?SIn view of these facts,
………….?? and ending with ?Sin accordance with
law.?? shall hereinafter read for all intents and purposes as
under:
?S In
view of these facts, which are not in dispute, we set aside the
impugned order dated 18.05.2006 and direct the Commissioner of
Customs, Jamnagar that he should not deny the benefit of conversion
of free shipping bills to the petitioner on the basis of Circular
dated 16.01.2004 and pass a fresh order on merits in accordance with
law.??
The
applications stand allowed accordingly. There shall be no order as
to costs.
Registry
to place a copy of this order in connected matters.
Sd/-
[D. A.
MEHTA, J]
Sd/-
[BANKIM
N. MEHTA,J]
***
Bhavesh*
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