BHAGABATI PRASAD BANERJEE
KAJARIA EXPORTS LTD. – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) THIS Writ application was moved by the petitioners before this Hon'ble Court during vacation and it appears that Shri S. Kundu, learned Advocate appeared for the respondents before the learned vacation Judge on Oct. 18, 1984. The Writ petition was moved and an interim order was passed for release of a large consignment of portable electric generators which were lying in Bombay Port The learned vacation Judge while issuing the interim order directed the petitioner to pay the entire amount of duties in respect of the goods in question covered by the licence mentioned in Annex.-'a' to the Petition to the Customs Authorities. It also appears that Shri S. Kundu, the learned Advocate appearing for the respondents, also gave an undertaking before the learned vacation Judge that if the Writ petitioners' succeed then the respondent authorities would make an order for refund of the disputed amount paid by the petitioners in the proceeding together with interest at the rate of 18 per cent per annum even though there was no dispute with regard to the rate of Customs duty involved in the writ petition. It was further directed by the learned vacation Judge tha
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