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2001 Supreme(SC) 1548

BRIJESH KUMAR, S. P. BHARUCHA, Y. K. SABHARWAL
Union Of India – Appellant
Versus
R. C. Fabrics Private LTD. – Respondent


JUDGMENT

Y.K. Sabharwal, J.-In Civil Appeal Nos. 767-768 of 1995, the challenge of Union of India is to the judgment and order of the High Court whereby allowing the writ petition, the Collector of Customs has been directed to release the imported goods of the writ petitioner (respondent No. 1 herein) lying with the Central Warehousing Corporation Limited (for short the Corportion ). It has been further directed that the first respondent will pay demurage, containeer charges and ground rent to the Corporation from the date of storage of the goods till Janury, 15, 1991 whereas the Collector of Customs will pay the said charges on account of storage of these goods from January 16, 1991 till the date of release of the goods.

2. In Special Leave Petition (C) No. 1663 of 2000, the challenge of the Government is to the order of the Customs, Excise and Gold (Control) Appeallate Tribunal which upheld the order of Collector of Custom dated 22nd October, 1993. By the said order, the Collector of Customs directed the discharge of show cause notice dated 18th February, 1991 and had directed that the proceedings be dropped. We grant leave in the special lleave petition.

3. Civil Appeal No. 7931 o

















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