Bombay High Court
Union Carbide India Ltd. vs Union Of India (Uoi) And Ors. on 1 January, 1800
Equivalent citations: 1979CENCUS382D
ORDER
1. On the petitioner's undertaking to furnish a bank guarantee of Rs. 1,90,000/- within two weeks from today to the satisfaction of the 2nd Respondent, the respondents to clear the consignments without recovering countervailing duty/additional duty forthwith.
2. If the petitioners fail to give bank guarantee as aforesaid the respondents will be at liberty to recover the aforesaid amount of Rs. 1,90,000/- from the petitioners in accordance with law.
3. The petitioners will be allowd to clear the future consignments of Methyl Isocyanate without payment of the duty as aforesaid on the Petitioner's undertaking that the petitioners would furnish a bank guarantee equal to the duty allegedly leviable on the quantity of each clearance under Tariff Item 68 of the Central Excise Act within two weeks from the date of each clearance.
4. If the petitioners fail to give bank guarantee as aforesaid the respondents will be at liberty to recover the amount of the alleged duty in respect of that clearance of those clearances for which no bank guarantee is furnished by the petitioners as stated in Clause (3) above.
5. The Petitioners may, if so advised file an appeal against the impugned order, in accordance with law. If no appeal is filed the respondents will be at liberty to take appropriate action in accordance with law to recover the duty.
6. The aforesaid order is pending the disposal of the appeal if any that may be filed against the order.
7. In view of the aforesaid, Mr. Mehta applies for the withdrawal of the petition.
8. Petition allowed to be withdrawn.
9. No order as to costs.