(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) Issue NOTICE, returnable on May 2, 2012.
After hearing Mr. Dave, the learned advocate for the petitioners and after going through the materials on record, we find that the petitioners have made out a strong prima facie case to have an interim order directing the respondents No.2 and 3, their servants and agents to forthwith assess the duty on the Iron Ore Pellets imported by the petitioner-Company, vide Bill of Lading No. 4 and 5 being Annexure 'E' Collectively to the writ-application and allow clearance of these goods forthwith upon payment of customs duty assessed by the Revenue. We pass order accordingly. We further make it clear that deposit of duty for consignments cleared earlier as indicated in Annexure 'A' to the show cause notice, a copy of which is at page 38 of this writ-application, shall not be a condition precedent for assessment and clearance of the present consignments in accordance with law.
Direct Service for respondents No. 2 and 3 is permitted.
[BHASKAR BHATTACHARYA, ACTING C.J.] mathew [J.B.PARDIWALA. J.] Top