Judgment Jawahar Lal Gupta, J. 1. On November 9, 2001 while adjourning the case of the request of the counsel for the respondents, to December 11, 2001, an interim direction was given. The respondents were directed to release 20 metric tons of polycarbonate sheets imported by the petitioner, and retain one metric ton for investigation and analysis etc. The petitioner had to furnish an additional bank guarantee of Rs. 5 lacs. 2. The petitioner had furnished the bank guarantee and informed the respondents. Still, the goods were not released. 3. An application for review of the order has been filed. It has been, inter alia, averrred that the petitioner claims to have imported the goods at the rate of Rs. 27 per Kg. The applicant-respondent has reason to believe that other companies have imported the same material at the rate of Rs. 280/- to Rs. 700/- per Kg. Still further, it has also been stated before us that the sample have to be taken from all the rolls, so that the petitioner is not able to raise any objection at a subsequent stage that the analysis got conducted by the respondents at a Laboratory is not in conformity with the law. 4. Mr. A.K. Mittal, learned Counsel for the petitioner, has stated before us that if the respondents open every roll for the purpose of taking samples, the goods would get spoiled. Thus, the respondents may select any batch out of all the 300 rolls and retain one metric ton of sheets for analysis or investigation, he has further state, on instructions from Mr. Ashok Singla (husband of the proprietor Mrs. Gaitri Devi of the petitioner-company), that no objection shall be raised at any stage with regard to the sample being not representative of the goods imported by the petition. Still further, Mr. Mittal has stated that the petitioner has entered into an agreement for the sale of the goods imported by it at the rate of Rs. 86/- per Kg. If the respondents suspect that the goods are of a higher value, as alleged by them, viz., Rs. 280/- to Rs. 700/- per kg., they may pay the petitioner at the rate of Rs. 86/- per Kg. And deposit the excess amount in the Prime Ministers Relief Fund. 5. Mr. Gumber is not willing to accept this offer. 6.
If the respondents suspect that the goods are of a higher value, as alleged by them, viz., Rs. 280/- to Rs. 700/- per kg., they may pay the petitioner at the rate of Rs. 86/- per Kg. And deposit the excess amount in the Prime Ministers Relief Fund. 5. Mr. Gumber is not willing to accept this offer. 6. In view of the above-noted factual position, we find no ground to review the order. The application for review is, accordingly, dismissed. 7. It is, however, clarified that the respondents shall be entitled to retain one metric ton of the sheets. They may select any lot. However, they will not re-open all the 300 rolls. The remaining 20 metric tons of the sheets shall be released to the petitioner within three days. 8. The main case shall be posted for hearing on December 11, 2001, as already ordered. 9. Copy of the order be given dasti to the counsel for the parties.