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Supreme Court of India · body

1994 DIGILAW 670 (SC)

Union of India v. Donald Mca-Rthy Pte. Ltd.

1994-05-26

N.VENKATACHALA, YOGESHWAR DAYAL

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JUDGMENT : We are not inclined to interfere with the impugned interlocutory order passed by the Bombay High Court. 2. Learned Addl. Solicitor General, appearing for the petitioners before us submitted that the High Court has erred in not appreciating that the provisions of Section 7 of the Foreign Trade (Development and Regulation) Act, 1992, have been violated inasmuch the importer is fictitious and non-existent party having no import/export code number and, therefore, seizure of the case by the Customs Department under Section 110 of the Customs Act was justified. 3. At the last date of hearing, in view of this submission, learned counsel for the respondent - Mr. Soli. J. Sorabjee had produced before us the original code number of the importer but the learned counsel for the petitioner wanted to verify the code number of the importer. Today, it is submitted that the matter requires further investigation. If that be so, the petitioners are free to approach the High Court for appropriate relief. This Court is not inclined to go into it itself. At this stage, however, counsel for the petitioners - Addl. Solicitor General wishes to withdraw the SLP. The SLP is dismissed as withdrawn with liberty to move the Bombay High Court if so advised. SLP dismissed.