The High Court dismissed this special civil application, allowing the petitioner to pursue a similar prayer before the Tribunal pending appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/SCA/887/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 887 of 2018
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HAMILTON HOUSEWARES PVT LTD.,
Versus
UNION OF INDIA
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Appearance:
MR ANAND NAINAWATI(5970) for the PETITIONER(s) No. 1 KSHITIJ M AMIN(7572) for the RESPONDENT(s) No. 1,2
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI and
HONOURABLE MR.JUSTICE B.N. KARIA
Date : 20/06/2018
ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
1.Petitioner's main prayer in this petition is for
releasing of bank guarantee of a sum of Rs.1.82
crores (rounded off) given by the petitioner for
provisional release of the goods primarily on the
ground that the petitioner having succeeded before
the adjudicating authority, bank guarantee should no
longer be necessary.
2.Counsel for the petitioner submitted that the
department's appeal is pending before the Tribunal,
in which, the petitioner's being filed application
making similar reliefs. We are informed that the
regular bench in the Tribunal is now available. In
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C/SCA/887/2018 ORDER
view of such developments, we allow the petitioner to
pursue such application before the Tribunal.
3. This petition is therefore not entertained any
further. Petition is disposed of accordingly.
(AKIL KURESHI, J)
(B.N. KARIA, J)
ANKIT SHAH
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HAMILTON HOUSEWARES PVT LTD.
UNION OF INDIA
AKIL KURESHI
B.N. KARIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court