Ferdino I. Rebello, J.

1. This is an application by the Revenue praying that on the following question the learned Tribunal be directed to make a reference to this Court. We may gainfully reproduce the said question.

“Whether the CEGAT is correct in holding that the earnest money received before 15th June 1998 (date of passing of the adjudication order by AC/Drawback) by M/s Gems Nuts and Produce Exports Co. Pvt. Ltd. from M/s Utopian Financial Solution Pvt. Ltd. would not fall within the scope of Rule 4 (Customs Attachment of Property of Defaulters for Recovery of Government Dues) Rules, 1995 on the ground that “the liability of Bangard and his companies to repay the money of drawback that he has received arose only after the order of 15th June 1998 of the Assistant Commissioner”, the fact that such money was fraudulently obtained not having been disputed by the CEGAT.?

2. In order to answer the issue, a few facts will have to be noted. The respondent is an owner of a building. One Shri Nawal Kishore Bangard through his three firms fraudulently obtained drawback amounts. Shri Bangard from the money so received parted with the substantial part of the money in favour of