The High Court, reconstructing records based on counsel's assistance, directed respondents to return payments and a bank guarantee previously attached in an earlier writ petition within six weeks.
Return of 50% CIF value (fine), 20% CIF value (penalty), and cancelled bank guarantee within six weeks.
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Mgn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.2461 OF 1990
Anant B. Timbadia..Petitioner
Vs.
Union of India & Ors.....Respondents
Mr.N.M. Shah, for the Petitioner.
Mr.P.S. Jetly with Mr. R.B. Pardeshi, for the
Respondents.
CORAM : F.I. REBELLO &
D.G.KARNIK, JJ.
DATED : 6th August, 2009
P.C.
As the records were not available the records have
been reconstructed with the help of the Counsel for the
parties. The issues in this petition are same or similar
as were considered in Writ Petition No.435 of 1990 which
has been disposed of by us by a separate order today.
The only difference in this case is that the petitioners
have moved against the show cause notice. In the light
of that petition made absolute in terms of prayer
clauses (a) and (b)(i).
2.By order dated 5th October, 1990 interim relief had
been granted on the petitioner paying 50% of the C.I.F.
Value towards fine and 20% of the C.I.F. Value towards
penalty and furnish Bank Guarantee for the balance
C.I.F. Value. The payments were to be made subject to
the final orders in the petition. Considering the final
orders the respondents are directed to return the 50% of
C.I.F. Value towards fine and 20% C.I.F. Value towards
penalty. These amounts to be returned within within
six weeks from today and similarly the bank guarantee
be returned duly cancelled within six weeks from today.
(D.G. KARNIK, J.)(F.I. REBELLO,J.)
Anant B. Timbadia
Union of India
F.I. Rebello
D.G. Karnik
As recorded by the court registry
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