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2001 Supreme(SC) 1557

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


Y.K.Sabharwal, J.

(1) 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 Corporation). It has been further directed that the first respondent will pay demurrage, container charges and ground rent to the Corporation from the date of storage of the goods till 15/01/1991 whereas the Collector of Customs will pay the said charges on account of storage of these goods from 16/01/1991 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) Appellate Tribunal which upheld the order of Collector of Custom dated 22/10/1993. By the said order, the Collector of Customs directed the discharge of show cause notice dated 18/02/1991 and had directed that the proceedings be dropped. We grant leave in the special leave petition.

(3) CIVIL Appeal No. 7














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