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SCA/13298/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13298 of 2008
==========================================
INDOFIL
CHEMICALS COMPANY - Petitioner(s)
Versus
UNION
OF INDIA & 5 - Respondent(s)
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Appearance :
NANAVATI
ASSOCIATES for Petitioner(s) : 1,
MR HARIN P
RAVAL for Respondent(s) : 1,
None for Respondent(s) : 2 -
6.
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CORAM
:
HONOURABLE
MR. JUSTICE MOHIT S. SHAH
and
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 24/10/2008
ORAL
ORDER
(Per
: HONOURABLE MR. JUSTICE MOHIT S. SHAH)
Rule.
To be heard with Special Civil Application No.9656 of 2008.
Mr.Harin Raval, learned Assistant Solicitor General waives service of
rule for the respondents No.1 and 5.
[2] Mr.K.S.Nanavati,
learned Senior Advocate for the petitioner submits that apart from
the ad-interim stay granted by this Court in several matters, Bombay
and Madras High Courts have also granted ad-interim stay against
recovery of export duty on goods brought within the Special Economic
Zones.
Mr.Nanavati
states that from 25th July, 2008 onwards, in several
matters, this Court has granted ad-interim stay against recovery of
export duty on furnishing the bond or corporate surety and the bank
guarantee for ten percent of the duty amount.
[3] Mr.Harin
Raval, learned Assistant Solicitor General for the respondent – Union
of India opposes the prayer for ad-interim relief and submits that
the petitioner itself agreed to pay the full duty amount on 6th
October, 2008 as is evident from Annexure ?SK?? to the petition.
[4] Mr.Nanavati
states that, at that time, duty was paid ?Sunder protest?? in view
of the urgency involved, and it was specifically contended that no
duty is applicable where the goods are brought within the Special
Economic Zones. It is also stated that another consignment is
arriving in the Special Economic Zone next week and therefore,
ad-interim relief may be granted on the same terms in which it is
granted in other matters.
[5] Having
heard the learned counsel for the parties, we grant ad-interim relief
in terms of paragraph No.24[C][ii], on condition that the petitioner
shall furnish a bond or corporate surety for the full amount and bank
guarantee for 25% of the duty amount.
In
case it is not possible for the petitioner to furnish the bank
guarantee on account of the ensuing Diwali holidays, it will be open
to the petitioner to furnish an undertaking to the authorities
stating that the bank guarantee shall be furnished within one week
from the date of the undertaking.
Direct
service is permitted today for the respondents No.2 to 4 and 6.
[M.S.SHAH,
J.]
[HARSHA
DEVANI, J.]
parmar*
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